Joe and Bill each sell 100 shares of stock to an ESOP and elect 1042 treatment. Both work for sponsor of ESOP after deal closes and neither is related to the other, nor a 25% shareholder. Can Joe recieve allocation of Bill's 1042 shares and vice versa? Does it matter if Joe and Bill sold their shares to ESOP in same transaction? How definitive is the guidance on this issue?

I can answer an ESOP question!
actually, I am looking at 1997 ASPA Conference notes (Session 14)

"Another, less controversial, issue occurs when there are multiple sellers who all make the Section 1042 election. In this case, the statute is clear that none of the sellers can receive allocations"

Joe and Bill cannot receive allocations of each other's stock during the non-allocation period of Sec. 409(n). The Code treats each seller as "tainted" with respect to all shares acquired by the ESOP in transactions to which Sec. 1042 applied.

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Interesting question where there are two 1042 transactions. Employee A does not partcipate in first 1042 transaction. 7 years later in non-related 1042 transaction A does participate and makes 1042 election. Can A participate in allocation of shares from first 1042 transaction in which he did not participate?

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Nick Damico