What busters recognized gain on the section 351 transfer


Problem: In a transaction that qualifies under Section 351, Buster transfers an asset with a basis of $50,000 and a fair market value of $80,000 to Bronco, Inc. in exchange for Bronco common stock.  The asset is encumbered by a $75,000 liability, which Bronco assumes.  The liability was incurred many years ago to acquire the asset being transferred. Buster owns 100% of Bronco, Inc.  In addition, Buster contributes his own promissory note to Bronco in the amount of $30,000.  Buster's recognized gain on the Section 351 transfer is:

A. $0, but only if there is no risk of Bronco going into bankruptcy

B. $0, but only if there is a non-trivial risk of Bronco going into bankruptcy

C. $30,000, because the note is a meaningless gesture

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