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United States Code
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How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
Frequently CitedTop 12% most-cited · cited by 14 decisions
14
Citing decisions
6+
Courts citing
Citations by decade
1
2
6
5
1930s1960s1970s1980s
Courts citing this statute
Most recently cited by10
- 1989Commissioner v. Clark U.S.
- 1987Clark v. Commissioner 4th Cir.
- 1981Simon v. Commissioner 5th Cir.
- 1980Atlas Tool Co. v. Commissioner 3d Cir.
- 1980Heverly v. Commissioner 3d Cir.
- 1978Katkin v. Commissioner 6th Cir.
- 1978Shimberg v. United States 5th Cir.
- 1977Sundstrand Corp. v. Sun Chemical Corp. 7th Cir.
- 1976Shimberg v. United States M.D. Fla.
- 1973Wright v. United States 8th Cir.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
section 354 or 355 would apply to an exchange but for the fact that the property received in the exchange consists not only of property permitted by section 354 or 355 to be received without the recognition of gain but also of other property or money, If an exchange is described in paragraph (1) but has the effect of the distribution of a dividend (determined with the application of section 318(a)), then there shall be treated as a dividend to each distributee such an amount of the gain recognized under paragraph (1) as is not in excess of his ratable share of the undistributed earnings and profits of the corporation accumulated after February 28, 1913. The remainder, if any, of the gain recognized under paragraph (1) shall be treated as gain from the exchange of property. section 355 would apply to a distribution but for the fact that the property received in the distribution consists not only of property permitted by section 355 to be received without the recognition of gain, but also of other property or money, section 354 would apply to an exchange or section 355 would apply to an exchange or distribution, but for the fact that the property received in the exchange or distribution consists not only of property permitted by section 354 or 355 to be received without the recognition of gain or loss, but also of other property or money, Except as provided in paragraph (2), the term “other property” includes securities. The term “other property” does not include securities to the extent that, under section 354 or 355, such securities would be permitted to be received without the recognition of gain. in an exchange described in section 354 (other than subsection (c) thereof), securities of a corporation a party to the reorganization are surrendered and securities of any corporation a party to the reorganization are received, and the principal amount of such securities received exceeds the principal amount of such securities surrendered, If, in an exchange or distribution described in section 355, the principal amount of the securities in the controlled corporation which are received exceeds the principal amount of the securities in the distributing corporation which are surrendered, then, with respect to such securities received, the term “other property” means only the fair market value of such excess. Except as provided in paragraph (2), the term “other property” includes nonqualified preferred stock (as defined in section 351(g)(2)). The term “other property” does not include nonqualified preferred stock (as so defined) to the extent that, under section 354 or 355, such preferred stock would be permitted to be received without the recognition of gain. Notwithstanding any other provision of this section, to the extent that any of the other property (or money) is received in exchange for section 306 stock, an amount equal to the fair market value of such other property (or the amount of such money) shall be treated as a distribution of property to which section 301 applies. results in a gift, see section 2501 and following, or has the effect of the payment of compensation, see section 61(a)(1). If— If— If— For purposes of this section— If— For purposes of this section— For special rules for a transaction described in section 354, 355, or this section, but which— (Source: (Aug. 16, 1954, ch. 736, 68A Stat. 115; Pub. L. 94–253, § 1(c), Mar. 31, 1976, 90 Stat. 296; Pub. L. 97–248, title II, § 227(b), Sept. 3, 1982, 96 Stat. 492; Pub. L. 101–508, title XI, § 11801(c)(8)(E), Nov. 5, 1990, 104 Stat. 1388–524; Pub. L. 105–34, title X, § 1014(d), Aug. 5, 1997, 111 Stat. 921.))