Which of the following statements is correct with respect to the § 338 election?
A) The subsidiary corporation makes the § 338 election.
B) A qualified stock purchase occurs when a corporation acquires, in a taxable transaction, at least 80% of the stock (voting power and value) of another corporation within an18-month period.
C) The parent recognizes no gain (loss) as a result of the election.
D) Gain, but not loss, is recognized by the subsidiary as a result of a deemed sale of its assets.
E) None of the above.

Question

Quizplus · Accepted Answer

The § 338 election is made by the purchasing corporation, not the subsidiary corporation. Option A is incorrect. A qualified stock purchase occurs when a corporation acquires, in a taxable transaction, at least 80% of the stock (voting power and value) of another corporation within a 12-month period, not an 18-month period. Option B is incorrect. The parent recognizes gain or loss as a result of the election. Option D is incorrect. Therefore, the correct answer is option C, as the parent recognizes no gain (loss) as a result of the election.

Which of the Following Statements Is Correct with Respect to the §