qualified appreciated stock

(5) Special rule for contributions of stock for which market quotations are readily available (A) In general Subparagraph (B)(ii) of paragraph (1) shall not apply to any contribution of qualified appreciated stock. (B) Qualified appreciated stock Except as provided in subparagraph (C), for purposes of this paragraph, the term “qualified appreciated stock” means any stock of a corporation— (i) for which (as of the date of the contribution) market quotations are readily available on an established securities market, and (ii) which is capital gain property (as defined in subsection (b)(1)(C)(iv)). (C) Donor may not contribute more than 10 percent of stock of corporation (i) In general In the case of any donor, the term “qualified appreciated stock” shall not include any stock of a corporation contributed by the donor in a contribution to which paragraph (1)(B)(ii) applies (determined without regard to this paragraph) to the extent that the amount of the stock so contributed (when increased by the aggregate amount of all prior such contributions by the donor of stock in such corporation) exceeds 10 percent (in value) of all of the outstanding stock of such corporation. (ii) Special rule For purposes of clause (i), an individual shall be treated as making all contributions made by any member of his family (as defined in section 267(c)(4) ).

Source

26 USC § 170(e)(5)


Scoping language

for purposes of this paragraph
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