Sears Holdings Corp. (fka SHLDQ)

[justthefactsmam]

the fact that eddie and his cohorts control around 73% of shldq does not mean that he took 73% of the assets when transform holdco won the bid for the majority of sears' assets.

also believe your 73% figure assumes that warrants and derivative securities are exchanged for stock which hasn't happened at this time.

the idea that nols were not part of transform holdco's purchase of shc assets is belied by the documents.

following link will take you to references to the specific places in those documents which indicate transform holdco purchased the tax attributes (nols discussed in post # 26095) and (tax credits discussed in post # 26237)

https://investorshub.advfn.com/boards/read_msg.aspx?message_id=146900213

you seem to have a theory but i can't see that it is supported by the documents. this is not a black box, there are relevant and established facts out there regarding the issues you address.

regarding the difficulty of not only transferring but subsequently benefiting from the nols, the documents also say that transform holdco will be seeking an accounting opinion on the viability of the nols which transform holdco purchased. another poster here also commented that transform holdco will most likely seek a private letter ruling from the irs which is what happened in the wamu deal.

you are correct that deals taking advantage of nols are difficult to carry off. the wamu irs ruling can not be applied to this case because it WAS a private letter ruling which only applied to the party requesting it and could not be relied on by anyone else.

however, it is a template which i'm sure transform holdco will be studying to make sure their deal is structured to take full advantage of these tax assets.