Rev. Rul. 68-603: Acquiescence to Morris Trust; see § 355(e)

In Rev. Rul. 68-603, the IRS acquiescenced with the decision in Commissioner v. Mary Archer W. Morris Trust; see § 355(e) for current law regarding changes in ownership following a spin-off transaction.
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Citations: Rev. Rul. 68-603; 1968-2 C.B. 148

Rev. Rul. 68-603

The Internal Revenue Service will follow the decision of the United States Court of Appeals for the Fourth Circuit in the case of Commissioner v. Mary Archer W. Morris Trust , 367 F.2d 794 (1966), to the extent it holds that (1) the active business requirements of section 355(b)(1)(A) of the Internal Revenue Code of 1954 were satisfied even though the distributing corporation immediately after the spin-off merged into another corporation, (2) the control requirement of section 368(a)(1)(D) of the Code implies no limitation upon a reorganization of the transferor corporation after the distribution of stock of the transferee corporation, and (3) there was a business purpose for the spin-off and the merger.

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