- 69 - basis in Woodbine and her taxable gain on the sale to the Kunkowskis. Because the record does not enable us to ascertain all the figures, we leave the details to the Rule 155 computation. Before leaving the subject of basis, we address the Woodbine receivables, which were omitted from the Woodbine 1989 balance sheet that showed the unrecovered cost of the Woodbine assets to be $75,945. The accounts receivable generated by the sale of mausoleum crypts were ordinary income assets16 in the hands of Howard and Alice Berger. Sec. 1221(1); Philhall Corp. v. United States, 546 F.2d 210, 215 (6th Cir. 1976) (land option, ordinary income); McHugh v. Commissioner, T.C. Memo. 1957-4 (land contracts, ordinary income). They had a zero basis in the hands of Alice Berger to the extent they had not been properly taken into Woodbine income by Howard at the time of his transfer of March 14, 1989, to Alice, and by Alice, at the time of the completion of the Phase II mausoleum. Bongiovanni v. Commissioner, 470 F.2d 921, 923 (2d Cir. 1972) (zero basis), revg. on other grounds T.C. Memo. 1971-262; Hempt Bros., Inc. v. United States, 354 F. Supp. 1172, 1177 (M.D. Pa. 1973) (zero 16The test for whether income from sales of land is ordinary income or capital gain is whether (1) the taxpayer was engaged in the trade or business, (2) whether the taxpayer held the property primarily for sale in the business, and (3) whether the sales contemplated by the taxpayer were "ordinary" in the course of that business. Bramblett v. Commissioner, 960 F.2d 526, 530 (5th Cir. 1992), revg. T.C. Memo. 1990-296. Under this test, Woodbine receivables from crypt sales were ordinary income assets.Page: Previous 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Next
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