188
INTERNAL REVENUE CODE OF 1954
the amount deductible under section 832(c)(7) (relating to tax-free interest). SEC. 544. RULES FOR DETERMINING STOCK OWNERSHIP. (a) CONSTRUCTIVE O W N E R S H I P. — For purposes of determining whether a corporation is a personal holding company, insofar as such determination is based on stock ownership under section 542(a)(2), section 543(a)(5), or section 543(a)(6)— (1) STOCK NOT OWNED BY INDIVIDUAL.—Stock owned, directly
or indirectly, by or for a corporation, partnership, estate, or trust shall be considered as being owned proportionately by its shareholders, partners, or beneficiaries. (2) FAMILY AND PARTNERSHIP OWNERSHIP.—An individual shall be considered as owning the stock owned, directly or indirectly, by or for his family or by or for his partner. For purposes of this paragraph, the ifamily of an individual includes only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants. (3) OPTIONS.—If any person has an option to acquire stock, such stock shall be considered as owned by such person. For purposes of this paragraph, an option to acquire such an option, and each one of a series of such options, shall be considered as an option to acquire such stock. (4) APPLICATION OF FAMILY-PARTNERSHIP AND OPTION RULES.—
Paragraphs (2) and (3) shall be applied— (A) for purposes of the stock ownership requirement provided in section 542(a)(2), if, b u t only if, the effect is to make the corporation a personal holding company; (B) for purposes of section 543(a)(5) (relating to personal service contracts), or of section 543(a)(6) (relating to the use of property by shareholders), if, but only if, the effect is to make the amounts therein referred to includible under such paragraph as personal holding company income. (5) CONSTRUCTIVE OWNERSHIP AS ACTUAL OWNERSHIP.—Stock
constructively owned by a person by reason of the application of paragraph (1) or (3) shall, for purposes of applying paragraph (1) or (2), be treated as actually owned by such person; b u t stock constructively owned by an individual by reason of the application of paragraph (2) shall not be treated as owned by him for purposes of again applying such paragraph in order to make another the constructive owner of such stock. (6) OPTION RULE I N LIEU OF FAMILY AND PARTNERSHIP RULE. —
If stock may be considered as owned by an individual under either paragraph (2) or (3) it shall be considered as owned by him under paragraph (3). (b) CONVERTIBLE SECURITIES.—Outstanding securities convertible into stock (whether or not convertible during the taxable year) shall be considered as outstanding stock— (1) for purposes of the stock ownership requirement provided in section 542(a)(2), b u t only if the effect of the inclusion of all such securities is to make the corporation a personal holding com-
§ 543(c)
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