26 C.F.R. § 1.346-2
Treatment of certain redemptions
If a distribution in a redemption of stock qualifies as a distribution in part or full payment in exchange for the stock under both section 302(a) and this section, then only this section shall be applicable. None of the limitations of section 302 shall be applicable to such redemption.
Notes of Decisions
Cited in 1
case, 1984–1984 · leading case: Kenton Meadows Co. v. Comm'r, 48 T.C.M. 580 (Tax Ct. 1984).
Kenton Meadows Co. v. Comm'r, 48 T.C.M. 580 (Tax Ct. 1984). “If a distribution is in partial liquidation of the distributing corporation under the above version of section 346, then those provisions of section 346 take precedence over those of section 302 and the limitations of section 302 are not applicable.”
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