Question
Please explain/answer the following: In most situations, a target subsidiary has some assets that have appreciated in value (i.e. , fair market value exceeds the
Please explain/answer the following:
In most situations, a target subsidiary has some assets that have appreciated in value (i.e. , fair market value exceeds the asset's basis), and other assets where the value is less than the asset's basis. In such case, the acquiring corporation, desiring the highest basis possible for the assets, might first purchase the appreciated property , then purchase the subsidiary's stock, and then liquidate the subsidiary under 332. By so doing, the acquiring corporation might violate the Code's "consistency" provision
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