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To the extent the distribution is made in the form of property, rather than cash, the taxability is generally measured by the fair market value of the property distributed.
Such values may be reduced to the extent the property is encumbered with debt.
When a company has more liabilities than assets, equity is negative and no liquidating distribution is made at all.
This is usually the case in bankruptcy liquidations.
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Company management, however, was blissfully unaware of this development and continued to file the business’s federal corporate income tax return and pay all federal income taxes.Constructive ownership is determined based on the “attribution rules” discussed below.
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