Joseph D. Doll and Charlotte J. Doll - Page 9

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          v. Eubank, 311 U.S. 122 (1940); Helvering v. Horst, 311 U.S. 112            
          (1940); Lucas v. Earl, 281 U.S. 111 (1930). The actual reduction            
          to possession is not a requirement.  See Helvering v. Horst,                
          supra; Lucas v. Earl, supra.  Therefore, petitioner cannot avoid            
          taxation on the capital gain from the sale of the 159,500 units             
          based on the understanding by the purchasers that the proceeds              
          would be used for CDM.                                                      
               Furthermore, even if it would have been illegal for                    
          petitioner to keep the proceeds, illegal income is still taxable,           
          and it is still proper to tax petitioner on the proceeds as he              
          owned the units.  See James v. United States, 366 U.S. 213, 218             
          (1961).                                                                     
          III.  Conclusion                                                            
               Petitioner chose to sell the 159,500 units in Colorcom to              
          third parties.  Accordingly, petitioner recognized a capital gain           
          for the amount realized less adjusted basis in the year of the              
          sale.  Since petitioner has not proven the adjusted basis of the            
          Colorcom units sold was greater than zero and has not proven an             
          exception to the general rule requiring recognition of the entire           
          gain in the year of sale, we sustain respondent’s determination.            
               In reaching all of our holdings herein, we have considered             
          all arguments made by the parties, and, to the extent not herein            
          discussed, we find them to be irrelevant or without merit.                  







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