Common use of Tax Allocations; Code Section 704(c) Clause in Contracts

Tax Allocations; Code Section 704(c). (a) In accordance with Code Section 704(c) and the Regulations thereunder, income, gain, loss, and deduction with respect to any property contributed to the capital of the Company shall, solely for tax purposes, be allocated among the Members so as to take account of any variation between the adjusted basis of such property to the Company for federal income tax purposes and its initial book value.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (CBL & Associates Limited Partnership), Limited Liability Company Agreement (CBL & Associates Limited Partnership), Limited Liability Company Agreement (CBL & Associates Limited Partnership)

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Tax Allocations; Code Section 704(c). (a) In accordance with Code Section 704(c) of the Code and the Treasury Regulations thereunder, income, gain, loss, and deduction with respect to any property contributed to the capital of the Company shall, solely for tax purposes, be allocated among the Members so as to take account of any variation between the adjusted basis of such property to the Company for federal income tax purposes and its initial book valueGross Asset Value.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Penske Automotive Group, Inc.), Limited Liability Company Agreement (Penske Automotive Group, Inc.), Limited Liability Company Agreement (Penske Automotive Group, Inc.)

Tax Allocations; Code Section 704(c). (a) In accordance with Code Section 704(c) of the Code and the Treasury Regulations thereunder, income, gain, loss, and deduction with respect to any property contributed to the capital of the Company Partnership shall, solely for tax purposes, be allocated among the Members Partners so as to take account of any variation between the adjusted basis of such property to the Company Partnership for federal income tax purposes and its initial book valueGross Asset Value.

Appears in 3 contracts

Samples: Agreement (Graham Packaging Acquisition Corp.), Penske Automotive Group, Inc., Penske Automotive Group, Inc.

Tax Allocations; Code Section 704(c). (a) In accordance with Code Section 704(c) of the Code and the Treasury Regulations promulgated thereunder, income, gain, loss, loss and deduction with respect to any property contributed to the capital of the Company shall, solely for income tax purposes, be allocated among the Members so as to take account of any variation between the adjusted basis of such property to the Company for federal income tax purposes and its initial book valueFair Market Value at the time of contribution.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement (Gmac LLC)

Tax Allocations; Code Section 704(c). (a) In accordance with Code Section 704(c) and the Treasury Regulations thereunder, income, gain, loss, and deduction with respect to any property Property contributed to the capital of the Company shall, solely for tax purposes, be allocated among the Members so as to take account of any variation between the adjusted basis of such property the Property to the Company for federal income tax purposes and its initial book valueGross Asset Value (computed in accordance with paragraph (a) of the definition of Gross Asset Value).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Legion Capital Corp)

Tax Allocations; Code Section 704(c). (a) In accordance with Code Section 704(c) of the Code and the Treasury Regulations thereunder, income, gain, loss, and deduction with respect to any property Property contributed to the capital of the Company shall, solely for tax purposes, be allocated among the Members Holders so as to take account of any variation between the adjusted basis of such property the Property to the Company for federal income tax purposes and its initial book valueGross Asset Value (computed in accordance with paragraph (a) of the definition of Gross Asset Value).

Appears in 1 contract

Samples: Limited Liability Company Agreement

Tax Allocations; Code Section 704(c). (a) In accordance with Code Section 704(c) and the Regulations thereunder, income, gain, loss, deduction and deduction credit with respect to any property Property contributed to the capital of the Company shall, solely for tax purposes, be allocated among the Members so as to take account of any variation between the adjusted basis of such property Property to the Company for federal income tax purposes and its initial book valueGross Asset Value (computed in accordance with the definition of Gross Asset Value) using the traditional method set forth in Regulations Section 1.704-3(b).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Norfolk Southern Corp)

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Tax Allocations; Code Section 704(c). (a) In accordance with Code Section 704(c) and the Regulations thereunder, income, gain, loss, and deduction with respect to any property contributed to the capital of the Company shall, solely for tax purposes, be allocated among the Members so as to take account of any variation between the adjusted basis of such property to the Company for federal income tax purposes and its initial book valueGross Asset Value (computed in accordance with the definition of Gross Asset Value) using an allocation method or methods allowable pursuant to Section 1.704-3 of the Regulations.

Appears in 1 contract

Samples: Operating Agreement (Sun Dental Holdings, LLC)

Tax Allocations; Code Section 704(c). (a) In accordance with Code Section 704(c) and the Treasury Regulations thereunder, income, gain, loss, loss and deduction with respect to any property contributed to the capital of the Company shall, solely for tax purposes, be allocated among the Members so as to take account of any variation between the adjusted basis of such property to the Company for federal income tax purposes and its initial book valueGross Asset Value.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Penske Automotive Group, Inc.)

Tax Allocations; Code Section 704(c). (a) In accordance with Code Section 704(c) and the Regulations thereunder, income, gain, loss, and deduction with respect to any property contributed to the capital of the Company shall, solely for tax purposes, be allocated among the Members so as to take lake account of any variation between the adjusted basis of such property to the Company for federal income tax purposes and its initial book value.

Appears in 1 contract

Samples: Limited Liability Company Agreement (CBL & Associates Limited Partnership)

Tax Allocations; Code Section 704(c). (a) In accordance with Code Section 704(c) and the applicable Regulations thereunderthereunder in effect on the date of the contribution of any assets to which Code Section 704(c) relates, income, gain, loss, and deduction with respect to any property contributed to the capital of the Company Partnership shall, solely for tax purposes, be allocated among the Members Partners so as to take account of any variation between the adjusted basis of such property to the Company Partnership for federal income tax purposes and its initial book valueGross Asset Value (computed in accordance with the definition of "Gross Asset Value").

Appears in 1 contract

Samples: Pepco Holdings Inc

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