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Key Employee By Attribution


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Guest Daniel Fisher
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Employee D is an employee of Company C. Her father, F, was a substantial owner of C. Due to Section 318, D was considered to be a Key Employee. F sold his entire interest in C and is no longer an officer. Now that F has gotten rid of his interest in C, is D still a Key Employee? I know there is a five-year look back. Does the five-year look back still apply to an individual who was a Key Employee only because of stock attribution? Does Section 302©(2) have any application here?

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