Problem NO: 23

Assume the same facts as in the previous problem, and that Nancy would like to have Alfonzo stay on as a consultant after all of his shares are redeem

Assume the same facts as in the previous problem, and that Nancy would like to have Alfonzo stay on as a consultant after all of his shares are redeemed. She would pay him a modest amount of $500 per month. Nancy wants to know if there is any de minimis rule such that Alfonso would not be treated as having retained a prohibited interest in the company because he is receiving such a small amount of money. Consult Lynch v. Comm’r, 801 F.2d 1176 (9th Cir. 1986), reversing 83 TC 597 (1984); Seda v. Comm’r, 82 TC 484 (1984); and Cerone v. Comm’r, 87 TC 1 (1986). 

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