Charles R. Bowden and Sue I. Bowden - Page 33

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            1989 Schedules C, based on our findings and holdings that                                  
            petitioners did not own certain of the vending machines and that                           
            they were not entitled to depreciation and other deductions.                               
            D.  Transfer of Crestwood Property to Prudential Bancorp                                   
                  On September 15, 1989, petitioners transferred the Crestwood                         
            property to Prudential Bancorp.  In exchange, petitioners were                             
            released from their obligations to Southern Pacific and NBSC, the                          
            debt owed Hollis Bowden, and the $1.4 million loan obligation to                           
            Concordia Bank.  In addition, all debt giving rise to mechanic's                           
            liens on the property was satisfied.  The obligations to Southern                          
            Pacific and NBSC were in connection with petitioners’                                      
            corporations' debts and petitioners’ personal guaranties.                                  
            Prudential Bancorp, after obtaining the Crestwood property from                            
            petitioners, sold it to unrelated third parties for $2,525,000,                            
            its fair market value.                                                                     
                  Petitioners reported, on their 1989 income tax return, that                          
            the sale price of the Crestwood property was $1,786,000, with a                            
            cost basis of $1,872,776.17  It appears that petitioners derived                           
            the “sale price” from their computation or estimate of the amount                          
            of debt canceled by means of the settlement.  Petitioners                                  
            therefore reported a loss of $86,776 on their 1989 tax return.                             
            On brief, petitioners contend that the sale price should be                                


                  17 On brief, petitioners erroneously state a “total cost of                          
            $1,786,000" and “a sales price * * * of $1,872,776".                                       




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