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Guide for Completing Form 8823 - page 169 / 197

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169 / 197

    • (2)

      An individual and a corporation more than 50 percent in value of the outstanding stock of which is owned, directly or indirectly, by or for such individual;

    • (3)

      Two corporations which are members of the same controlled group (as defined in subsection (f)18) ;

    • (4)

      A grantor and a fiduciary of any trust;

    • (5)

      A fiduciary of a trust and a fiduciary of another trust, if the same person is a grantor of both trusts;

    • (6)

      A fiduciary of a trust and a beneficiary of such trust;

    • (7)

      A fiduciary of a trust and a beneficiary of another trust, if the same person is a grantor of both trusts;

    • (8)

      A fiduciary of a trust and a corporation more than 50 percent in value of the outstanding stock of which is owned, directly or indirectly, by or for the trust or by or for a person who is a grantor of the trust;

    • (9)

      A person and an organization to which section 501 (relating to certain educational and charitable organizations which are exempt from tax) applies and which is controlled directly or indirectly by such person or (if such person is an individual) by members of the family of such individual;

    • (10)

      A corporation and a partnership if the same persons own—

      • (A)

        more than 50 percent in value of the outstanding stock of the corporation, and

      • (B)

        more than 50 percent of the capital interest, or the profits interest, in the partnership;

    • (11)

      An S corporation and another S corporation if the same persons own more than 50 percent in value of the outstanding stock of each corporation;

    • (12)

      An S corporation and a C corporation, if the same persons own more than 50 percent in value of the outstanding stock of each corporation; or

    • (13)

      Except in the case of a sale or exchange in satisfaction of a pecuniary bequest, an executor of an estate and a beneficiary of such estate.*

  • 2.

    *IRC §707(b)

  • (1)

    --

    • (A)

      a partnership and a person owning, directly or indirectly, more than 50 percent of the capital interest, or the profits interest, in such partnership, or

    • (B)

      two partnerships in which the same persons own, directly or indirectly, more than 50 percent of the capital interests or profits interests.

  • (2)

  • (3)

    Ownership of a capital or profits interest. For purposes of paragraphs (1) and

      • (2)

        of this subsection, the ownership of a capital or profits interest in a partnership shall be determined in accordance with the rules for constructive ownership of stock provided in section 267(c) other than paragraph (3) of such section.*

18 *IRC §267(f) refers to IRC §1563 to define controlled groups for (1) parent-subsidiary groups, except that “more than 50 percent” is substituted for “at least 80 percent,” (2) brother-sister groups, (3) combinations of parent-subsidiary and brother-sister groups, and (4) certain insurance companies.*

18-11

Revised October 2009

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