A successful corporate reorganization
depends as much on human interaction as it does on well-honed financial models or crisp legal arguments.
The economic landscape, with its corporate reorganizations
, has highlighted the importance of the basis study to the taxpayer.
31, 2000, the Service issued final regulations (TD 8898) on the effect of pre-reorganization transactions on the continuity-of-interest (COI) requirement for corporate reorganizations
. The regulations finalize the proposed and temporary regulations published on Jan.
Participants heard an update on interest deductibility from Paul Lynch, Director of CCRA's Financial Industries Division; a discussion of tax-deferred reorganization with Mark Symes, Manager of CCRA's Corporate Reorganizations
Section; and practical issues and solutions in transfer pricing by Mara Praulins, Director of CCRA's International Tax Operations Division.
Other issues discussed included payroll cost duplications as a result of corporate reorganizations
, amendments to the Income Tax Act to reflect the effect of tax rate changes on deductions and credits, and the withholding requirements of regulation 105.
he IRS has issued important final regulations that provide guidance on the satisfaction of the continuity of interest (COI) and continuity of business enterprise (COBE) requirements for corporate reorganizations
. The regulations affect corporations and shareholders involved in mergers and acquisitions.
23, 1998, the IRS issued final regulations on the satisfaction of the continuity-of-shareholder-interest (COSI) and continuity-of-business-enterprise (COBE) requirements for corporate reorganizations
. The final regulations basically adopt the proposed regulations with respect to the impact of post-reorganization events on the COSI and COBE requirements, but also contain several taxpayer-favorable modifications.
In addition, the court stated that "Adlman lacked the expertise to assess the tax implications of the corporate reorganizations
"; it also observed that it was AA, not Adlman, that prepared all of the written analyses of the tax consequences of the transaction.
, Mergers, and Divestitures.
Like the other types of corporate reorganizations
, Type Ds are also subject to subchapter C's operational rules.
(31) In justifying the capital nature of expenditures incurred incident to corporate reorganizations
or recapitalizations, courts often point to the creation of an intangible asset - the "altered corporate structure." See, e.g., Mills Estate, Inc., 206 F.2d 244, 246 (2d Cir.