§ 453(f)(1)

a related person

UNDECIDED

0 of 4 settled

  1. 1

    § 453(f)(1)

    ANY OF

    Except for purposes of subsections (g) and (h), the term “related person” means—

    NOT“Except for purposes of subsections (g) and (h)” Opening words
    “a person whose stock would be attributed under section 318(a) (other than paragraph (4) thereof) to the person first disposing of the property, or” § 453(f)(1)(A)
    “a person who bears a relationship described in section 267(b) to the person first disposing of the property.” § 453(f)(1)(B) needs Step 2 persons referred to in subsection (a) UNDECIDED
  2. 2

    § 267(b)

    persons referred to in subsection (a)

    ANY OF

    The persons referred to in subsection (a) are:

    “Members of a family, as defined in subsection (c)(4);” § 267(b)(1)
    “An individual and a corporation more than 50 percent in value of the outstanding stock of which is owned, directly or indirectly, by or for such individual;” § 267(b)(2)
    “Two corporations which are members of the same controlled group (as defined in subsection (f));” § 267(b)(3)
    “A grantor and a fiduciary of any trust;” § 267(b)(4)
    “A fiduciary of a trust and a fiduciary of another trust, if the same person is a grantor of both trusts;” § 267(b)(5)
    “A fiduciary of a trust and a beneficiary of such trust;” § 267(b)(6)
    “A fiduciary of a trust and a beneficiary of another trust, if the same person is a grantor of both trusts;” § 267(b)(7)
    “A fiduciary of a trust and a corporation more than 50 percent in value of the outstanding stock of which is owned, directly or indirectly, by or for the trust or by or for a person who is a grantor of the trust;” § 267(b)(8)
    “A person and an organization to which section 501 (relating to certain educational and charitable organizations which are exempt from tax) applies and which is controlled directly or indirectly by such person or (if such person is an individual) by members of the family of such individual;” § 267(b)(9)

    Step 3 related persons UNDECIDED

    “A corporation and a partnership if the same persons own— more than 50 percent in value of the outstanding stock of the corporation, and more than 50 percent of the capital interest, or the profits interest, in the partnership;” § 267(b)(10)

    Step 4 related corporation and partnership UNDECIDED

    “An S corporation and another S corporation if the same persons own more than 50 percent in value of the outstanding stock of each corporation;” § 267(b)(11)
    “An S corporation and a C corporation, if the same persons own more than 50 percent in value of the outstanding stock of each corporation; or” § 267(b)(12)
    “Except in the case of a sale or exchange in satisfaction of a pecuniary bequest, an executor of an estate and a beneficiary of such estate.” § 267(b)(13)
  3. 3

    § 267(b)(9)

    related persons

    ALL OF
    “an organization to which section 501 (relating to certain educational and charitable organizations which are exempt from tax) applies”
    “which is controlled directly or indirectly by such person or (if such person is an individual) by members of the family of such individual”
  4. 4

    § 267(b)(10)

    related corporation and partnership

    ALL OF

    A corporation and a partnership if the same persons own—

    “if the same persons own—” Opening words
    “more than 50 percent in value of the outstanding stock of the corporation, and” § 267(b)(10)(A)
    “more than 50 percent of the capital interest, or the profits interest, in the partnership;” § 267(b)(10)(B)