In August 2015, the Federal Trade Commission alleged that hedge fund manager Third Point could not use the exemption in connection with
acquisitions of stock in Yahoo!
Under these regulations, if two or more persons act under a plan or arrangement with respect to
acquisitions of stock in Distributing or Controlled, they are treated as one person for Sec.
Second, although the House bill retained the exception for
acquisitions of stock in any controlled corporation by reason of holding stock in the distributing corporation, it added three new exceptions for certain acquisitions, all of which appear in the final 1997 Act.
[section] 1.304-4T (conduit financing principles applied to "
acquisitions of stock occurring on or after June 14, 1988"); Temp.
1.1502-13(o) (on intercompany sales of stock) applies to
acquisitions of stock of a subsidiary in an intercompany transaction occurring after July 23, 1991.
(24) The successor may have attained the status of a minority stockholder through prior
acquisitions of stock. This status could occur as a result of an issuance of stock from the corporation, direct purchase, gift or bequest.
