Thomas and Janice Gleason - Page 18

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               While the gaps in the documentary record admittedly inhibit            
          precise computation of all relevant figures, respondent’s stance            
          would appear to be at odds with the stipulated evidence.                    
          Concerning Excellence, the parties do not dispute that                      
          Mr. Gleason made an initial contribution of $50,000 in 1992.                
          Petitioners’ 1993 return reported no income or loss from                    
          Excellence, but their 1994 and 1995 returns reported ordinary               
          income (business income and interest income) from Excellence of             
          $317,959 and $826,737, respectively.  We have also just sustained           
          respondent’s position that an additional $264,371 should have               
          been reported by petitioners in 1995.  These income amounts would           
          serve to increase basis.  Hence, the record supports that                   
          sufficient basis was available to permit the $360,000 distributed           
          during the entity’s FYE 1995 to qualify for tax-free treatment              
          under section 1368(b)(1).  Remaining basis would then be reduced            
          by a corresponding amount under section 1367(a)(2)(A) and would             
          result in a decreased carryover basis upon the subsequent                   
          exchange of Excellence shares for stock in Alofs and Target.                
               As regards Alofs, again the parties do not dispute a $50,000           
          initial contribution, and petitioners reported ordinary income              
          from Alofs of $401,192 on their 1994 return and, as we have held,           
          are to include $470,814 for 1995.  Again, these figures would               
          seem to support tax-free return of basis treatment for the                  
          $237,000 distribution amount during the company’s FYE 1995.                 






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