The provisions of Qualified Small Business Stock (QSBS) found under IRC Section 1202 are inarguably complicated to navigate. There are several aspects to consider when it comes to gifting QSBS. The stock donor and beneficiary will want to ensure that the QSBS gifting specifications are followed with … Read More
Rauenhorst v. Comm'r, 119 T.C. 157 (2002). Key QSBS Takeaways: A Taxpayer will most likely not be liable for Assignment of Income Doctrine if they transferred the stock in mere anticipation or acknowledgement of a redemption, merger, or the like. It is on the IRS to prove that … Read More
IRS’s Different Guidance Forms There are different forms of communication the Chief Counsel can use in order to relay tax guidance to individuals. These forms of communication, which can be interpreted in a highest to lowest authoritative level, can be: RegulationsIssued by the Internal Revenue Service (IRS) and Treasury … Read More
The vagueness of the “Qualified Trade or Business” exceptions listed in Section 1202(e)(3) have troubled “would be” QSBS shareholders and their advisors since the QSBS regulations were first introduced. Additional guidance has mostly come in the way of Private Letter Rulings, the latest of which (PLR 202114002) … Read More
United States Tax Court, No. 2917-63, July 23, 1965 Key QSBS Takeaways: In Bardahl Mfg. Corp. v. Commissioner, the United States Tax Court contended that Bardahl Corporation avoided "the imposition of individual income tax on its shareholders, by permitting its earnings and profits to accumulate instead of being … Read More
On June 25, 2021, the IRS released Private Letter Ruling (PLR 202125004), addressing whether a company that would "evaluate, measure, design, fabricate, manufacture, adjust, fit, and service" prescriptions for a third-party healthcare provider is not considered to be engaged in a business involving the performance of services … Read More
On September 02, 2016, the IRS released Private Letter Ruling (PLR 201636003), addressing whether, after several name changes to the company and a conversion from a LLC to a C-corporation, does the reorganization under § 1202(h) and § 368 have any effect on the stock—having no formal … Read More
On April 28, 2017, the IRS released Private Letter Ruling (PLR 201717010), addressing whether a Founder of a C-corporation operating in the services for health providers is qualified for the partial exclusion of gain under the Section 1202(a). Additionally, whether the corporation meets QSBS criteria for being … Read More
Tax Court of New Jersey, No. 020999-2010, October 9, 2012 KEY QSBS TAKEAWAY(S): In Aciu v. Director, the taxpayer failed to prove that the language in N.J.S.A. 54A:5–1(c) followed the federal tax exemption on the sale of capital gains under I.R.C. § 1202. Also, the taxpayer failed to … Read More
United States Tax Court, Nos. 930–07, 1384–07, 13303–07, 29011–08, 29090–08, January 19, 2012 KEY QSBS TAKEAWAY(S): In Owen v. Commissioner, the taxpayer met the 60–day requirement of section 1045(a)(1) because the stock purchase agreement transaction was signed on June 17, 2002, and the sold Family First Companies shares--amounting to … Read More