- 4 - Petitioners then disbursed the funds from the sale as follows: Payment of note to W. Hanshaw $46,641.16 Interest on above note to Hanshaw1 108.83 Payment of note to W. Hanshaw 158,850.00 Interest on above note to Hanshaw 900.15 Note to petitioners from purchasers 43,150.00 Inventory service 249.14 Escrow and closing costs 1,639.55 Creditors' claims paid 8,843.38 State Board of Equalization 19,483.57 Payoffs of preexisting loans 6,557.85 Total 286,423.63 1 We assume that "W. Hanshaw" and "Hanshaw" are both one and the same person discussed elsewhere. In connection with Sunshine Liquor, petitioners claimed a total of $100,547 as depreciation and amortization expenses during 1986, 1987, and 1988. Their basis in the noninventory of Sunshine Liquor was $109,453 on March 31, 1989. The selling price of these assets was $242,500. From October 5, 1988, until March 31, 1989, petitioners operated both Sunshine Liquor and Bayshore Liquor, and they were entitled to any profits earned by either store. The parties agree that if section 1031 does not apply to the disposition of Sunshine Liquor, then petitioners must recognize a long-term capital gain of $133,047 on the transaction. OPINION Respondent concluded that the purchase of one liquor store and subsequent sale of another by petitioners were two separate taxable events. Accordingly, respondent determined thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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