Replies to post #28646 on Sears Holdings Corp. (fka SHLDQ)

[Mehdi]

That’s the $5/share question!
Tax attributes (incl. NOLs) are not with Lampert yet. They made it read like they are but I see a pretty big paragraph in the asset purchase agreement that says they need a tax counsel to weigh in and even with that they will still need the Service (ie the IRS) to opine. Remember Lampert said he is a betting man, and so if his lawyers told him there is some chance it goes through then he would have gone for it (which he did).

Now have a look at this document :
http://www.willamette.com/insights_journal/11/spring_2011_10.pdf

If he can’t get tax attributes by purchasing assets, then either he purchases the stock or he leaves them in SHLDQ and needs to throw a bone at the commons to preserve NOLs upon emerging from Chapter 11.