Final Rules on Section 336(e) Are Main Means for Stock Sale Election, Official Says
By Alison Bennett
Final regulations (T.D. 9619) on how taxpayers can make an election for the treatment of stock sales under tax code Section 336(e) are the exclusive means of making the election, the principal author of the rules said June 11.
Mark Weiss, an attorney in IRS’s Office of Associate Chief Counsel (Corporate), said following a forum on the rules that the government does not believe the guidance was self-executing before being unveiled in May (92 DTR G-6, 5/13/13).
The guidance affects domestic corporate sellers, Subchapter S corporation shareholders, and domestic target corporations in reorganizations.
Both Weiss and Treasury Department attorney-adviser Krishna Vallabhaneni said the rules rely on Section 338(h)(10) in structure and in how they are implemented. That code section addresses stock purchases treated as asset acquisitions.