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Dive into the research topics where Dale A. Oesterle is active.

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Featured researches published by Dale A. Oesterle.


Michigan Law Review | 1975

A Definition of Liabilities in Internal Revenue Code Sections 357 and 358(D)

Douglas A. Kahn; Dale A. Oesterle

A transfer of property to a controlled corporation in exchange for the corporations stock typically will not cause the transferor to recognize gain or loss on the exchange because of the nonrecognition provision of IRC Section 351. The transferors basis in the stock received will equal the basis of the transferred property reduced by any liabilities that the corporation assumed or accepted in the transaction. IRC Section 358(d). If such liabilities exceed the basis that the transferor had in the transferred property, the excess will constitute gain to the transferor under IRC Section 357(c). The focus of this article is on the question of just what type of obligations constitute a liability for purposes of Section 357 and 358. Resting on a transactional analysis and on the history of the manner in which the Crane or Tufts doctrine was applied to obligations, the authors conclude that an obligation which would be deductible by the transferor when paid is not a liability as that term is used in those two Code sections. Citing this article and adopting its reasoning, a majority of the Tax Court reversed its prior position and excluded such obligations from those provisions. Focht v. Commissioner, 68 T.C. 223 (1977). Subsequently, Congress adopted the approach of this article when it added Sections 357(c)(3) and 358(d)(2) to the Code. The approach of this article was later extended by Congress to cancellation of indebtedness issues when Section 108(e)(2) was added to the Code in 1980.


Archive | 2006

Regulating Hedge Funds

Dale A. Oesterle


Archive | 2006

The High Cost of IPOs Depresses Venture Capital in the United States

Dale A. Oesterle


University of Pennsylvania Journal of Business Law | 2011

The Overused and Under-Defined Notion of 'Material' in Securities Law

Dale A. Oesterle


Archive | 2010

The Collapse of Fannie Mae and Freddie Mac: Victims or Villains?

Dale A. Oesterle


Archive | 2005

Regulation NMS: Has the SEC Exceeded its Congressional Mandate to Facilitate a "National Market System" in Securities Trading?

Dale A. Oesterle


Social Science Research Network | 2004

Congress's 1975 Directions to the SEC for the Creation of a National Market System: Is the SEC Operating Outside the Mandate?

Dale A. Oesterle


Wake Forest Law Review | 1997

What's in a Name?: An Argument for a Small Business 'Limited Liability Entity' Statute (with Three Subsets of Default Rules)

Dale A. Oesterle; Wayne M. Gazur


Michigan Law Review | 1980

Restitution and Reform

Dale A. Oesterle; George E. Palmer


Archive | 2016

The History of Hedge Fund Regulation in the United States

Wulf A. Kaal; Dale A. Oesterle

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Wayne M. Gazur

University of Colorado Boulder

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