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Code · CFR · Title 26 — Internal Revenue · Part 1 · § 1.544-3

§ 1.544-3. Constructive ownership by reason of family and partnership ownership.

318 words·~1 min read·/us/cfr/t26/s§ 1.544-3·

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(a)The following example illustrates the application of section 544(a)(2), relating to constructive ownership by reason of family and partnership ownership. Example.The M Corporation at some time during the last half of the taxable year, had 1,800 shares of outstanding stock, 450 of which were held by various individuals having no relationship to one another and none of whom were partners, and the remaining 1,350 were held by 51 shareholders as follows: Relationships Shares Shares Shares Shares Shares An individual(A)100(B)20(C)20(D)20(E)20 His father(AF)10(BF)10(CF)10(DF)10(EF)10 His wife(AW)10(BW)40(CW)40(DW)40(EW)40 His brother(AB)10(BB)10(CB)10(DB)10(EB)10 His son(AS)10(BS)40(CS)40(DS)40(ES)40 His daughter by former marriage (son's half-sister)(ASHS)10(BSHS)40(CSHS)40(DSHS)40(ESHS)40 His brother's wife(ABW)10(BBW)10(CBW)10(DBW)160(EBW)10 His wife's father(AWF)10(BWF)10(CWF)110(DWF)10(EWF)10 His wife's brother(AWB)10(BWB)10(CWB)10(DWB)10(EWB)10 His wife's brother's wife(AWBW)10(BWBW)10(CWBW)10(DWBW)10(EWBW)110 Individual's partner(AP)10 By applying the statutory rule provided in section 544(a)(2) five individuals own more than 50 percent of the outstanding stock as follows: A (including AF, AW, AB, AS, ASHS, AP)160 B (including BF, BW, BB, BS, BSHS)160 CW (including C, CS, CWF, CWB)220 DB (including D, DF, DBW)200 EWB (including EW, EWF, EWBW)170 Total, or more than 50 percent910 Individual A represents the obvious case where the head of the family owns the bulk of the family stock and naturally is the head of the group. A's partner owns 10 shares of the stock. Individual B represents the case where he is still head of the group because of the ownership of stock by his immediate family. Individuals C and D represent cases where the individuals fall in groups headed in C's case by his wife and in D's case by his brother because of the preponderance of holdings on the part of relatives by marriage. Individual E represents the case where the preponderant holdings of others eliminate that individual from the group.
(b)For the restriction on the applicability of the family and partnership ownership rules of this section, see paragraph
(b)of § 1.544-1. For rules relating to constructive ownership as actual ownership, see § 1.544-6.
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