InvestorsHub Logo
Followers 73
Posts 8833
Boards Moderated 0
Alias Born 06/05/2014

Re: bkshadow post# 409015

Tuesday, 12/09/2014 4:23:46 PM

Tuesday, December 09, 2014 4:23:46 PM

Post# of 730579
bkshadow, please look at footnote 2 in this link:

http://www.mondaq.com/unitedstates/x/286506/Corporate+Tax/IRS+Issues+Favorable+Final+Section+382+Regulations+On+Small+Shareholders+Might+Be+Time+To+Revisit+Your+382+Study

2 Generally, the "testing period" for any testing date is the three-year period ending on the testing date. Once an ownership change occurs, the three-year testing period is reset and a new testing period begins. See Treas. Reg. Section 1.382-2T(d)(1).



Contrary to your statement here ?!?


[...]
Two items, when you can, would expand your work product and understanding. First is the concept of "value" versus "share count" in the calculation of the % increases should KKR exercise the warrants. This supports your theory component regarding the disadvantages of the rapid rise in PPS in December 2013 on another front (aside from the immediate tax consequences on exercising the warrants as ordinary income on the gain over the warrant exercise price). Second, again, is the 3-year rule. Specifically, there is no beginning or ending period of such, it is a rolling application any time there is a change in the 5%er (increases only). The trigger for testing dates can happen over and over, and there is no 'clearance once one testing period has been passed and met if there is another change in 5%er.
[...]



and also here:

http://investorshub.advfn.com/boards/read_msg.aspx?message_id=107211367

It does not. The 3-year change of control rule is a "rolling 3-year period" that simply does not end. If, at any time during any 3-year period, those that own 5% or more of WMIH, including new parties that aggregate 5% or more, all added together represent an INCREASE OF 50%, then another "ownership change would be triggered and the NOLs would be subject to IRC 382 reduced to a calculation of valuation and rate application. The numbers a puny compared to the $6B unrestricted NOL.

Volume:
Day Range:
Bid:
Ask:
Last Trade Time:
Total Trades:
  • 1D
  • 1M
  • 3M
  • 6M
  • 1Y
  • 5Y
Recent COOP News