Currently pending in several federal appeals courts is the validity of a recent regulation that says the IRS has six years, rather than the normal three, to audit and adjust a return when a taxpayer fails to properly report capitalgainorloss due to a miscalculation of basis in property.
If the IRS follows the same rule for event-type CVRs, the issuer recognizes no gainorloss on the CVR issuance, the repurchase of the CVR, or the lapse of the CVR, but a target shareholder generally must recognize an immediate capitalgainorloss taking into consideration the fair market value of the CVRs received on the date of distribution.