March 2013

This Month in M&A

This Month's Features:

  • Final, proposed regulations on partnership noncompensatory options provide clarity
  • Tax Court applies economic substance doctrine to STARS transaction (Bank of New York Mellon Corp.)
  • US District Court denies benefit of licensing and financing partnership (Chemtech)
  • IRS analyzes treatment of tracking stock issued in recapitalization transaction (PLR 201308001)
  • Both controlled and distributing corporations allowed to rely on the same active trade or business operated through a partnership in section 355 transaction (PLR 201308017)
  • Preferred stock, modifications to consolidated group's corporate governance structure do not cause a group to deconsolidate (PLR 201306008)
  • Contractual arrangement in foreign jurisdiction respected as separate business entity (PLR 201305006)
  • Section 382(l)(5)(A) applied to a consolidated group (PLR 201306003)
  • IRS provides view on transactions structured to monetize historic rehabilitation tax credits (FAA 20124002F)
  • IRS provides guidance for determining section 465 at-risk amounts for certain LLC members that guarantee loan to the LLC (ILM 201308028)


This Month in M&A archive