SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?


To: Brumar89 who wrote (457912)2/19/2009 7:54:50 PM
From: i-node  Respond to of 1574784
 
Normally, partners at a firm like Charter Communications would have to pay taxes on the amount of debt forgiven in this process, which is, in a sense a one-time income windfall. Tax law calls it a "deemed distribution."


I've had many clients who suffered this fate over the years. The last one I remember was a farmer who received a "deemed distribution" (which is really just income from cancellation of indebtedness) of about $1M. He was in a real financial bind BEFORE the cancellation and with the tax liability it destroyed him.

It was, in his case, warranted, as he had received the money (the farm corporation was borrowing money then using it to pay Subchapter K distributions to shareholder). So, it was equitable.

In the old days, if you were in bankruptcy, the deemed distribution couldn't exceed the amount by which the cancellation left you technically solvent. I suppose for Paul Allen, that wouldn't be an issue.

This is what happens, though, when you get bad legislation. It has unintended consequences. In this case, apparently, it will cost the government a billion bucks on this one guy.