For an insolvent company, directors can wind up their company through a creditors voluntary liquidation or a compulsory liquidation.
A distribution to which section 355 applies (or so much of section 356 as relates to section 355) is not a distribution in partial liquidation within the meaning of section 346(a).
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A distribution shall be treated as having been made in partial liquidation pursuant to section 346(b) if it consists of the proceeds of the sale of the assets of a trade or business which has been actively conducted for the five-year period and has been terminated, or if it is a distribution in kind of the assets of such a business, or if it is a distribution in kind of some of the assets of such a business and of the proceeds of the sale of the remainder of the assets of such a business.
In general, a distribution which will qualify under section 346(b) may consist of, but is not limited to: Assets (other than inventory or property described in subdivision (ii) of this subparagraph) used in the trade or business throughout the five-year period immediately before the distribution (for this purpose an asset shall be considered used in the trade or business during the period of time the asset which it replaced was so used), or The items constituting such inventory or such property were substantially similar to the items constituting such inventory or property during the five-year period immediately before the distribution, and The quantity of such items on the date of distribution was not substantially in excess of the quantity of similar items regularly on hand in the conduct of such business during such five-year period, or Proceeds from the sale of inventory or property described in subdivision (iii) of this subparagraph, if such inventory or property is sold in bulk in the course of termination of such trade or business and if with respect to such inventory the conditions of subdivision (iii)( In the case of a business the proceeds of the sale of the assets of which are distributed, such business was actively conducted until the date of sale and the proceeds of such sale were distributed as soon thereafter as reasonably possible. 4037]§ 36B - Refundable credit for coverage under a qualified health plan§ 38 - General business credit§ 40 - Alcohol, etc., used as fuel§ 41 - Credit for increasing research activities§ 42 - Low-income housing credit§ 43 - Enhanced oil recovery credit§ 45D - New markets tax credit§ 46 - Amount of credit§ 47 - Rehabilitation credit§ 52 - Special rules§ 56 - Adjustments in computing alternative minimum taxable income§ 58 - Denial of certain losses§ 61 - Gross income defined§ 62 - Adjusted gross income defined§ 66 - Treatment of community income§ 67 - 2-percent floor on miscellaneous itemized deductions§ 72 - Annuities; certain proceeds of endowment and life insurance contracts§ 101 - Certain death benefits§ 103 - Interest on State and local bonds§ 103A - Repealed.