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Sec. 351 Requirements

by | Nov 30, 2023 | questions

Introduction:

Al, Bob, and Carl form West Corporation and transfer the following items to West:

Items transferred

Transferor

Item

Transferor’s Basis

Fair Market Value (FMV)

Shares Received by Transferor

Al

Patent

‘0’

$25,000

1,000 common

Bob

Cash

$25,000

$25,000

250 preferred

Carl

Services

‘0’

$7,500

300 common

The common stock has voting rights, while the preferred stock does not.

Task(s):

a. Is the exchange nontaxable under Sec. 351? Explain the tax consequences of the exchange to Al, Bob, Carl, and West.

b. How would your answer to Part a change if Bob had received 200 shares of common stock and 200 shares of preferred stock?

c. How would your answer to Part a change if Carl had contributed $800 cash as well as services worth $6,700?

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