Biotech Values

[DewDiligence]

An immediate post-spin tax-free merger will not trigger 355(e) if either: (i) the merger is not in accordance with a plan, which will be true if there were not substantial discussions prior to the spin…

In the Barron’s piece in #msg-68249557 (see bold-faced portion), the tax specialist mentions a prior two-year period that applies to the test of whether there was an acquisition plan, but your post does not mention such a threshold. Is this 2-year threshold cited in the tax regs, or is it just one person’s (Willens’) opinion as to how long is long enough to be safe?