-13- OPINION Positions of the Parties Petitioners contend that the sale of the Escondido property to Balmac was a fiction and that it was in essence part of a financing transaction. They maintain that the $950,000 deposited by Balmac with WTC was never intended to be for the benefit of petitioner or distributed to him. According to petitioners, the loan from the bank (purportedly for the purchase of the Escondido property) was in reality a loan to the joint venture (which then lent the proceeds to BTG, which in turn lent the proceeds to petitioner). Petitioners request that we find, as an ultimate fact, that petitioner "received no net proceeds from the sale of any portion of the Escondido property in 1985 or 1986" and that petitioner "received no compensation or other consideration in exchange for the $5 million deed of trust." Petitioners' version of events is that petitioner transferred 44.25 acres of the Escondido property to BTG in exchange for stock and caused the remaining 41.75 acres to be deeded to Balmac as nominee for petitioner. Accordingly, petitioners characterized the transfers as tax-free exchanges under section 351.4 They contend 4 Sec. 351(a) provides: SEC. 351(a). General Rule.--No gain or loss shall be recognized if property is transferred to a corporation by one or more persons solely in exchange for stock or (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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