There are 600 shares of Adams, Inc. allocated equally to A. Adams, B. Adams, C. Adams, D. Adams, E. Adams and F. Murray. Murray, unrelated to the Adams family, would like to sell his shares back to Adams, Inc. Murray’s shares have a FVM of $200,000 and a tax basis of $50,000. The redemption is planned for December 31.
Dividend or Capital Gain
Is it possible to determine if there will be a dividend or capital gain from the information provided? If so, calculate it. If not, what information would you need?
IRS Change in Ownership Tests
Would this transaction meet the three IRS change in stock ownership tests? Explain each test and the results.
Under what circumstances would F. Murray be deemed to have constructive ownership of more than 100 shares?