Some commentators also suggest that the willing buyer would consider the

as a deemed sale of assets under Internal Revenue Code § 338(h)(10). The

10. Seller's and Buyer's holding periods for Buyer equity and contributed property

General Holding Period Reduced – Effective for 2002, the general holding period

“substantially all” of the taxpayer's holding period; and Lebo Automotive “was not

"Legal entity acquiring was DuPont Denmark Holding ApS, a . Complete only for

(2) Holding period discontinuity. 1–58 . .. Using Code §338(h)(10) to Facilitate

IRC Section 338(h)(10) Elections Continue to Trap Taxpayers . therefore not

Liquidations After an Election Under § 338 . Tax Basis and Holding Period to

S corporation issues 52; Taxable transactions - sections 1060/338(h)(10) 67;

make the election during the period that begins January 1, 2010 and ends before

NOL carryback period from two years to three, four, or . . basis and holding

338(h, 10) elections. by "The Tax Adviser"; Banking, finance and accounting .

Jun 27, 2011 . The section 338(h)(10) election must be made no later than the 15th . .. a holding

If a Section 338 (h)(10) election is made, A's purchase of T stock is ignored . .

I.R.C. §338(h)(10) Elections: Gain and Short-Period. Income Apportioned Using

For all taxpayers in some states, either over a period of several years or . after 9/

shareholder. The shareholder's basis and holding period for that T stock is not

338(h)(10). . For a buyer, the making of such an "(h)(10)" election can make the "

The term “12-month acquisition period” means the 12-month period . Like a §

Jan 9, 2012 . 10. 1.8. Allocation of Purchase Price. 11. 1.9. Sections 338(h)(10) and . . or any

holding period for depreciable assets varies with tax deductibility. In other words

338(h)(10) even though the taxpayer was treated as an S corporation for federal

holding period for the company is usually shorter,” he explains. “The tax benefits

Mar 24, 1997 . USRPHC throughout Y's holding period. Because the shares . 338(h)(10)

The shareholder's basis and holding period for that T stock is not affected by the

the use of a newly created holding company). 2. . Stock acquisitions with a

other rules, under sections 338 and 1060 of the Code. . . gift tax liability, and to

Thus, under § 338(h)(10) the seller and the buyer must both be U.S. corporations.

a combined report with a trademark-holding subsidiary. ► Delhaize America, Inc.

Mar 1, 2002 . 338(h)(10) election jointly with the S shareholders. If this election is made, . . T's

Stock Acquisitions with a Section 338 (h)(10) Election. Requirements . For some

under Code section 338(h)(10). A "338(h). (10) election" treats a stock purchase

Effects of a Section 338(h)(10) Election. . . Determining Basis and Holding

The taxable periods for both the franchise and excise . . subsidiary of a holding

The election of IRC §338(h)(10) treats the stock transaction as if Old Target, .

section 1231 property includes the holding period of the transferred property. 13

Holding is the common parent of a consolidated group that has a taxable . The

Possible personal holding company status risk. – requiring current . . stock (more

The U.S. tax consequences of holding a pass-through investment through a

Apr 1, 2011 . Sec. 338(h)(10) elections involving S corporation targets. . The act does not

338(h)(10) transactions, including the revised Form 8023 and Form 8883, and

810895, NYS Tax App. Trib (Sept, 15, 1994) (holding that a . fixed period rule

A special variety of election, the Section 338(h)(10) election, which affords the

If a company has to file a short period Federal income tax form, does it have to file

Mar 1, 2010 . One of Trawick's contentions is that the federal § 338(h)(10) election is

Holding. Company. LLC. Valuable asset or business. Employees. S corp. Q-sub.

After the expiration of the transition period provided in paragraph (a)(5)(i) of this

S Corporation Dispositions and Reorganizations: 338(h)(10) Election . . . . . . .

Section 338(h)(10) of the Internal Revenue Code doesn't sound like the title for a

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