- 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
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