§ 1.1081-8. Exchanges in which money or other nonexempt property is received.
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/us/cfr/t26/s§ 1.1081-8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Under section 1081(e)(1), if in any exchange (not within any of the provisions of section 1081(d)) in which stock or securities in a corporation which is a registered holding company or a majority-owned subsidiary are exchanged for stock or securities as provided for in section 1081 (a), there is received by the taxpayer money or other nonexempt property (in addition to property permitted to be received without recognition of gain), then—
(1)The gain, if any, to the taxpayer is to be recognized in an amount not in excess of the sum of the money and the fair market value of the other nonexempt property, but
(2)The loss, if any, to the taxpayer from such an exchange is not to be recognized to any extent.
(b)If money or other nonexempt property is received from a corporation in an exchange described in paragraph
(a)of this section and if the distribution of such money or other nonexempt property by or on behalf of such corporation has the effect of the distribution of a taxable dividend, then, as provided in section 1081 (e)(2), there shall be taxed to each distributee
(1)as a dividend, such an amount of the gain recognized on the exchange as is not in excess of the distributee's ratable share of the undistributed earnings and profits of the corporation accumulated after February 28, 1913, and
(2)the remainder of the gain so recognized shall be taxed as a gain from the exchange of property.