- 9 - During 1985, the Monmouth County Board of Freeholders was considering the purchase and conversion of 457 acres of farmland into a public park, 366 acres of which was owned by HGCC. In July 1986, Monmouth County filed a declaration of taking against 279 acres of land owned by HGCC and deposited $14,524,600, the property's estimated fair market value, with the Superior Court of New Jersey. The condemnation proceedings, including the amount of the condemnation award, were reported in local newspapers; petitioner read some of these articles and attended a few of the public hearings concerning the condemnation. Mr. Acquaviva consulted his accountant, Louis Defalco (Mr. Defalco), regarding the tax implications of the condemnation award. Mr. Acquaviva and Mr. DiMisa were advised by Mr. Defalco that they had the option of replacing the property and deferring the recognition of any gain or of recognizing the gain currently. Mr. DiMisa also suggested that Mr. Acquaviva and he discuss the matter with Herbert Gannette (Mr. Gannette), a tax attorney. In the interim, HGCC reported a gain in the amount of $7,678,378 from the condemnation on its 1986 Form 1065, U.S. Partnership Return of Income. HGCC issued checks to each partner for $3,869,244, which represented each partner's share of the proceeds from the condemnation award after deduction of expenses. Mr. Acquaviva deposited his share into his personal checking account. However, HGCC subsequently filed an amended Form 1065, electing to defer this gain pursuant to section 1033.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011