Asset acquisition: practical guidance on Sec. 338 election.

California CPAVol. 73 Nbr. 7, January 2005

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PROFESSIONAL ISSUES

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Asset acquisition: practical guidance on Sec. 338 election.

The final regulations under Internal Revenue Code Sec. 338 certainly provide much desired clarity and guidance to tax practitioners. The main goal of these regulations was to change several accounting rules relating to deemed and actual asset acquisitions to enable them to be treated more in line with general principles under the tax law.

These Final Regulations have been in place for more than three years since they are to be applied to all qualified stock purchases or applicable asset acquisitions made after March 15, 2001.

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