Charles J. Dugan - Page 20

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               Respondent asserts that petitioner's basis in the client               
          list was $9,283 and, thus, petitioner recognized a capital gain             
          of $4,217 upon its sale.  Respondent does not include                       
          petitioner's oral guaranty as part of petitioner's basis.                   
               At the time the notice of deficiency was issued, petitioner            
          had not filed a Federal income tax return for the taxable year              
          1991.  The substitute return did not reflect, and the notice of             
          deficiency did not make an adjustment with respect to, the sale             
          of the client list.  To the extent that petitioner claims a loss            
          from this transaction, the burden of proof is on petitioner.                
          Rule 142(a); Welch v. Helvering, 290 U.S. at 115.  On the other             
          hand, to the extent that respondent asserts that the transaction            
          resulted in a gain, and asserts an increased deficiency,                    
          respondent bears the burden of proof.  Rule 142(a); Estate of               
          Cordeiro v. Commissioner, 51 T.C. 195, 203 (1968).                          
               The parties agree that the client list was sold in 1991 for            
          $13,500.  The parties, however, are not in agreement with respect           
          to the basis of the client list.  Accordingly, we must decide               
          whether either party has established petitioner's basis in the              
          client list.                                                                
               Under section 331, amounts distributed in complete                     
          liquidation of a corporation shall be treated as full payment in            









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