| | Maquiladora Industry (CIP) -- Debt/Equity Swaps (Site not responding. Last check: 2007-09-17) |
 | | We have found that, while the swap transactions are typically the same, some taxpayers structure the swap in such a way as to disguise or hide the gain. |
 | | Comm'r, 103 T.C. 59 (1994), which involved a typical debt/equity swap, the Tax Court found that the restrictions imposed on the pesos and on the stock received by the taxpayer were not significant and did not affect their value. |
 | | Consequently, the court held that the taxpayer had taxable gain under section 1001 on the exchange of the debt for the pesos measured by the difference between the value of the pesos received by the taxpayer, as determined according to the free market exchange rate, and taxpayer's basis in the debt. |
| www.dooley.co.uk /text/14maqdes.htm (1859 words) |