Getting an ExtensionGetting an Extension

Rorie M. Sherman Editor in Chief

David T. Leibell and Daniel L. Daniels of Cummings & Lockwood LLC in Stamford, Conn., show just what it takes for a charity to get more time from the Internal Revenue Service to sell an excess business holding:

In two similar rulings, PLR 200438042 and PLR 200438043, both issued Sept. 17, the IRS agreed to grant a private foundation a five-year extension of the usual five-year period for disposing of excess business holdings under Internal Revenue Code Section 4943. The foundation seeking the ruling held a 50 percent membership interest in a securities and futures clearing firm organized as a limited liability company.

Section 4943 imposes a tax on the excess business holdings of any private foundation in a ...