Paul A. Rendina and Janet Mae Rendina - Page 23

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          other 14 condominium units was $66,915.14  Four months after the            
          distribution, petitioner sold one of his condominium units for              
          $67,900.                                                                    
               Petitioner has not convinced us that the fair market value             
          of his condominium units should be less than the average selling            
          price of the other units sold, or $66,915.  Thus, we find the               
          fair market value of the condominiums transferred to petitioner             
          to be $133,830.                                                             
               B.  Basis of WSAI Shares:  Debt v. Equity                              
               Respondent maintains that no loan or other value was given             
          by petitioner to WSAI.  However, the deposit records of National            
          City Bank, where WSAI maintained a checking account, indicate               
          that petitioner deposited $41,200 into WSAI’s account.  Because             
          the books and records of WSAI were not made available, we must              
          look to such documentary evidence as bank statements, as well as            
          the testimony of witnesses, in considering whether petitioner               
          gave value to WSAI.  Hagaman v. Commissioner, T.C. Memo. 1987-              
          549.  We are satisfied that petitioner’s deposits into the WSAI             
          account constitute value that resulted in cost to be taken into             
          account in determining petitioner’s gain on the receipt of the              
          condominium units.                                                          



          14We exclude from this calculation the purchase price of                    
          Ackerman’s condominium units.  See supra note 7.                            




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