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To: taxcontrol
Sports franchises are considered part of the entertainment industry. Any purchase of stock or bonds or equity or ownership of any entertainment industry (MSNBC, CBS, FOX, Sony, etc.) or even royalties to entertainment property rights would qualify.

No. According to the law the proceeds have to be converted into property similar or related in service or use to the property so converted. Similar or related in services or use would be another sports franchise. I'm sure he could buy the entire Lingerie Football League and still have money left over for a foreign soccer team and that would take care of it.

29 posted on 07/30/2014 8:53:12 AM PDT by DoodleDawg
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To: DoodleDawg
Sorry, you are incorrect. Section 1033 section A subsection 2 reads:

(A) Nonrecognition of gain --

If the taxpayer during the period specified in subparagraph (B), for the purpose of replacing the property so converted, purchases other property similar or related in service or use to the property so converted, or purchases stock in the acquisition of control of a corporation owning such other property, at the election of the taxpayer the gain shall be recognized only to the extent that the amount realized upon such conversion (regardless of whether such amount is received in one or more taxable years) exceeds the cost of such other property or such stock. Such election shall be made at such time and in such manner as the Secretary may by regulations prescribe. For purposes of this paragraph ...

Further, this is a forced sale as it qualifies as a "seizure". In the law of civil practice, the term refers to the act performed by an officer of the law under court order when she takes into custody the property of a person against whom a court has rendered a judgment to pay a certain amount of money to another.

Believe me that Sterling has enough lawyer clout to make it stick. Further, it would counter intuitive for a court to say that the sale has to go through and then invalidate that order by declaring that judgement is optional. There is no doubt that Stirling will use this judgement in tax court to show that the sale was forced and as such, is able to take advantage of section 1033.

31 posted on 07/30/2014 10:58:05 AM PDT by taxcontrol
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