Posted on 05/29/2014 3:35:07 PM PDT by SeekAndFind
“If he is forced to sell, the tax laws say that he does not have to pay taxes on the sale”
Is that really true?
No, it’s not true.
Under what legal theory does that void the taxes?
Unless Jerry Jones sold the Cowboys and I didn't hear, you don't really know why the value of the team is. Value can only be established when a purchase happens. Two small market NBA teams in under the radar sales recently sold for way more than expected, I think around $750 million. The Clippers will be much more valuable, and all the attention around the sale could increase the value.
It is called an Involuntary Conversion (http://www.law.cornell.edu/uscode/text/26/1033)
There are a couple of assumptions; the big one being that Stirling converts the sale into some other enterprise that is “similar or related in use”. I'm not aware of Sterling's specific business structure but I assume that he has tax lawyers at his disposal that could make sure he complies.
Even in the worse case, it would be treated as capital gains, not regular income.
The Milwaukee Bucks recently sold for $500 million; in a very small market with a lousy team.
Keep in mind that the group which bought the LA Dodgers for what seemed like way too much money is actually turning out to not be such a bad deal.
Ballmer may also want one-up Paul Allen, who owns the Seahawks and the Portland Trailblazers.
The differences between Ballmer and Allen are:
1. Allen has a lot more money.
2. Ballmer is an A-hole.
3. Allen leaves his teams presidents and coaches do their jobs without interfering.
4. Allen still lives with his mother.
See reply #26 ... it is true.
I have taken advantage of that tax section myself.
Re: “Can you site that law?”
I think that applies ONLY if the NBA compels him to sell.
All the owners are part of an “Association.”
They are more like corporate board members than independent businessmen.
Yep —
and in the meantime the NBA isn’t sure who owns the team — he or his wife — and who to file their sanctions against — he or his wife.
See post #26
If Sterling can establish that the sale is an involuntary conversion under section 1033, he will have up to two years following the end of his taxation year to purchase a similar asset. So he gets a free two+ year deferral, plus he gets rollover treatment to the extent that he reinvests the proceeds in a similar business within two years.
I’d imagine that Ballmer would move the team to Seattle if he won the bid.
Hmmm, you got a point there.
He could do a 1033 exchange whether or not it is a voluntary sale. It is, after all, income property, and you can always exchange it if the proceeds go into like property. It’s not the forced sale that is the issue.
Rush Limbaugh and his consortium should have put in a bid. I would have loved that conversation.
Qualifying as a section 1033 involuntary conversion would give Sterling more flexibility than a tax-free exchange under section 1031. A 1033 Exchange does not require the use of a qualified intermediary. 1031 Exchanges require the funds be placed with a neutral third party. Also Sterling could complete the exchange by making improvements in property he already owns, unlike a 1031 exchange that requires that he purchase a property.
Thanks.
RE: PT Barnum was right.
Steve Ballmer must be bored having too much money. He’s worth $20 Billion according to Forbes:
http://www.forbes.com/profile/steve-ballmer/
That bid would be less than 10% of the money he has.
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