Legal Opinion

Merrill Lynch & Co. v. Comm'r

United States Tax Court

Decided December 30, 2008No. 18170-98Published

MP decided to sell its wholly owned subsidiary, MLCR but wanted to retain a portion of MLCR's assets within MP's affiliated group.

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MP decided to sell its wholly owned subsidiary, MLCR but wanted to retain a portion of MLCR's assets within MP's affiliated group. Before its sale, MLCR sold the stock in certain of its subsidiaries (issuing corporations) to brother-sister corporations in MP's affiliated group (acquiring corporations). We held that these cross-chain sales, along with the subsequent sale of MLCR outside the affiliated group, were made pursuant to a firm and fixed plan to completely terminate MLCR's ownership interests in the issuing corporations. Applying sec. 304, I.R.C., we held that the cross-chain sales…

1Opinion of the Court

MERRILL LYNCH & CO., INC. & SUBSIDIARIES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent *

Merrill Lynch & Co. v. Comm'r

No. 18170-98

United States Tax Court

131 T.C. 293; 2008 U.S. Tax Ct. LEXIS 36; 131 T.C. No. 19;

December 30, 2008, Filed

Merrill Lynch & Co. v. Commissioner, 386 F.3d 464, 2004 U.S. App. LEXIS 20382 (2d Cir., 2004)Merrill Lynch & Co. v. Commissioner, 120 T.C. 12, 2003 U.S. Tax Ct. LEXIS 3 (2003)

MP decided to sell its wholly owned subsidiary, MLCR but wanted to retain a portion of MLCR's assets within MP's affiliated group. Before its sale, MLCR sold the stock in…

2Cases cited8 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Van Raden v. CommissionerUnited States Tax Court · 1979
  3. Commissioner of Internal Revenue v. Kenneth H., Susan L., Fred F., and Corinne B. Van RadenCourt of Appeals for the Ninth Circuit · 1981
  4. Merrill Lynch & Co., Inc., and Subsidiaries v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 2004
  5. Fed. Home Loan Mortg. Corp. v. Comm'rUnited States Tax Court · 2003

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