Question

Please check if my answers to first part is correct.

Discussion Question 4-6 (LO. 1)
1. Complete the statements below regarding "what is the control requirement of § 351".
The control requirement specifies that the person or persons transferring property to the corporation must own, immediately after the transfer, stock possessing at least 80% of the total combined voting power of all classes of stock entitled to vote, and at least 75% of the total number of shares of all other classes of the corporation's stock.
2. Classify the following as either "True" or "False" regarding the control requirement of § 351.
a. If a shareholder renders only services to the corporation for stock, the transfer cannot qualify under § 351 because services rendered are not "property."
b. If a shareholder renders services and transfers property to the corporation for stock, the shareholder will never be treated as a member of the transferring group.
c. Stock under momentary control counts in determining control if the plan for the sale or other disposition of the stock existed before the exchange.
d. If a long period of time elapses between the transfers of property by different shareholders to the corporation, the control requirement may be lost regarding the later transfers because no documentation exists making multiple transfers part of an integrated plan.

Answer 1

1. Correct

after, 80%, 75%

2. a. True

b. False

c. False

d. False

Step-by-step explanation:

When shareholder renders services and transfers property to the corporation the shareholder is treated as member of transferring group. Stocks under momentary control does not count in determining control. The long period elapses between transfer of property, the control requirement may be lost because there is no transferring group.