TAX FILE MEMORANDUM DATE:
FROM:
SUBJECT: Jeremiah Cranston/Coastal Drillers, Inc.
Recently, Jeremiah Cranston contacted our office in regards to him possibly providing services under a consulting agreement for Coastal Drillers, Inc. He is concerned about the stock redemption that was completed six years ago and what effect, if any, working as an independent contractor might have on him regarding the redemption.
Facts: Coastal Drillers, Inc. is owned 100% by the Cranston family. Six years ago Jeremiah Cranston redeemed all of his directly owned stock in Coastal Drillers. This redemption resulted in a qualified complete termination redemption of stock allowing Jeremiah to recognize a long-term capital gain on the
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Rul. 70-104, 1970-1 C.B. 66 (1970), is that services from the consulting agreement by the father show a prohibited interest within §302(c)(2)(A)(i). The attribution to him would be terminated due to stock attribution rules of §318, which states that stock owned by family members individually may be reattributed to him through estate, trust, partnership or corporation of which he is a stockholder. Therefore the redemption does not qualify as a termination of his shareholder’s interest within the meaning of §302(b)(3) of the Code.
In a Tax Court case from 1974, Estate of Lennard v. Comm., 61 T.C. 554 (1974), the judgment of Congress was not to include independent contractors which possessed no financial stake in the corporation as retaining an interest in the corporation for attribution waiver rules. The Ninth Circuit Court of Appeals rejected this test by the Tax Court in Lynch v. Comm., 86-2 USTC ¶9731. The Court held that taxpayers providing post redemption services either as an independent contractor or employee, held an interest prohibited by §302 (c)(2)(A)(i). Mr. Cranston would fall under the jurisdiction of the Ninth Circuit Court because he is a resident of California, and the higher court prevails. Since the Ninth Circuit Court is a higher court than the Tax Court, the Lynch v. Comm case law prevails over the case law of the Estate of Lennard v. Comm.
Reasoning: Coastal Drillers, Inc. offer for Jeremiah to serve as an
knowledge of said investors because of his employment at Schwab. If they can do so, it is
Habitat for Humanity is a nonprofit organization dedicate to building homes for low-income individuals. This organization requires that potential homeowners assist in the building of their home or others to reduce the financing cost of homeownership. This paper focuses on the percentage of property tax revenue, two arguments in favor, and two arguments property tax breaks for Habitat of Humanity homeowner, and case resolution.
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