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"Exchange of net value" requirement.


Proposed regulations (REG-163314-03, 3/9/05) provide guidance on corporate formations, reorganizations and liquidations of insolvent INSOLVENT. This word has several meanings. It signifies a person whose estate is not sufficient to pay his debts. Civ. Code of Louisiana, art. 1980.. A person is also said to be insolvent, who is under a present inability to answer, in the ordinary course of business, the responsibility  corporations. These rules require the exchange (or, in the case of Sec. 332, a distribution) of net value for the subchapter C nonrecognition rules to apply to the transaction.

The regulations also provide guidance on determining when and the extent to which creditors of a corporation be treated as its proprietors in determining whether continuity of interest is preserved in a potential reorganization The process of carrying out, through agreements and legal proceedings, a business plan for winding up the affairs of, or foreclosing a mortgage upon, the property of a corporation that has become insolvent. . Finally, the regulations provide guidance on whether a distribution in cancellation cancellation (See: cancel)


CANCELLATION. Its general acceptation, is the act of crossing a writing; it is used sometimes to signify the manual operation of tearing or destroying the instrument itself. Hyde v. Hyde, 1 Eq. Cas. Abr. 409; Rob.
 or redemption The liberation of an estate in real property from a mortgage.

Redemption is the process by which land that has been mortgaged or pledged is bought back or reclaimed. It is accomplished through a payment of the debt owed or a fulfillment of the other conditions.
 of less than all of the shares one corporation owns in another meets Sec. 332's requirements.
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Title Annotation:REGULATIONS
Author:Laffie, Lesli S.
Publication:The Tax Adviser
Date:May 1, 2005
Words:108
Previous Article:Intangibles capitalization.
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