Guest woodchuck Posted December 18, 2008 Posted December 18, 2008 A closely held corporation promises to pay an executive NQDC. Can the shareholders of the corporation personally guarantee the corporation's obligation to pay, or does this result in economic benefit/constructive receipt? The obligation to pay is not funded by the corporation in any way, nor does the executive have a security interest in any of the corporation's assets. Still, it seems to me that the guaranty is a form of security that would result in constructive receipt.
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