Rev. Rul. 63-260: Failed spin due to transitory control

In Rev. Rul. 99-6, the IRS provides that certain transfers of partnership interests cause termination of a partnership.

Rev. Rul. 63-260: Failed spin due to transitory control

In Rev. Rul. 99-6, the IRS provides that certain transfers of partnership interests cause termination of a partnership.

Citations: Rev. Rul. 63-260; 1963-2 C.B. 147

Distinguished by Rev. Rul. 69-407

Rev. Rul. 63-260

A owned all of the stock of X which owned 70 shares of the stock of Y. A also owned the remaining 30 shares of Y stock directly. A contributed 10 shares of his Y stock to X . Immediately thereafter, X distributed all 80 shares of Y stock now held by it to A .

Held , the distribution by X does not qualify as a nontaxable distribution under the provisions of section 355 of the Internal Revenue Code of 1954, because X did not have `control' of Y within the meaning of section 368(c) of the Code immediately before the distribution except in a transitory and illusory sense.

Section 355 of the Code cannot be made to apply to a transaction in which an immediately preceding contribution to capital by the distributor corporation's shareholder is made solely to attempt to qualify the transaction as a nontaxable distribution under that section.

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