Alice Berger, et al. - Page 77

                                       - 77 -                                         
          Commissioner, 324 F.2d 298, 302 (3d Cir. 1963), affg. T.C. Memo.            
          1962-68.                                                                    
               The American Cemetery Consultants appraisal identified the             
          gross value of the assets that we find to be qualified for                  
          installment treatment as $381,200, out of a total gross asset               
          valuation of $842,768.21  We therefore find, using the Cohan                
          rule, that 45 percent of Alice Berger's gain from the sale                  
          qualifies for installment treatment.22  We leave for the Rule 155           
          computation the determination of the ordinary gain currently                
          taxable to Alice Berger on the sale and the amounts and character           
          (as long-term or short-term) of the items of gain entitled to               
          installment treatment in her hands.                                         



          21Removing the $20,000 of cash from the equation leaves the                 
          following allocation of capital gain (installment treatment) and            
          ordinary gain (dealer disposition) items:                                   


               Assets qualifying for            Assets not qualifying                 
          installment treatment          for installment treatment                    
          Office building    $100,000       Accounts receivable    $172,298           
          Residence            75,000       Grave spaces             12,518           
          Service building     80,000       Mausoleum crypts         42,992           
          Storage building     40,000       Creamation niches        14,205           
          Equipment            17,000       Undeveloped land        219,555           
          Other equipment      26,000                                                 
          Roads & landscaping  43,200                               _______           
          Total             381,200                               461,568             
          22In so doing, we take account of the fact that the                         
          appraisal company substantially discounted the value of the                 
          Oct.1, 1988, receivables, amounting to $428,601--approximately              
          the same amount as the stipulated Nov. 17, 1989, face amount of             
          the receivables ($429,371)--to 41.6 percent of their face amount:           
          $172,298.                                                                   


Page:  Previous  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  Next

Last modified: May 25, 2011