Controlled Group Question

[kimso]

I keep overthinking this because I've heard two different answers. Thoughts on if this is a controlled group? 

Comp A - husband A 51%, wife A 49%

Comp B - husband A 24%, wife A 26%, husband B 24%, wife B 26%

[Belgarath]

Not a CG on the face of it. But there could be other factors, like options to purchase the stock, etc., so recommend that they check with their attorney.

[austin3515]

Husband A treated as owning 100% of Company  A and 50% of Company B (taking into account his wife's ownership).  Husband B and Wife B are NOT common owners so are not taken into account for the brother-sister analysis.  You're not even a controlled group for 415 purposes because those rules don't even apply to brother-sister groups (and even if they did the threshold is MORE than 50%, which is interesting but not relevant).

You only asked about Controlled Groups but I think sometimes people lump together controlled groups and affiliated service groups even though they are different questions.  My point being you would need to watch out for Affiliated Service Group rules.

In addition of course the other concerns Belgarath mentions 😄