- 21 - exchange for the stock. Sec. 331(a).9 The exchange generally is treated as a disposition. Secs. 331(c), 1001. Under section 334(a), the basis of property received in a complete liquidation in which gain or loss is recognized by the shareholder is the fair market value of such property on the date of distribution (i.e., the basis is considered stepped up to fair market value). Sec. 334(a). [Shelton v. Commissioner, 105 T.C. 114, 120 (1995).] In other words, the basis of property received by a shareholder in a taxable corporate liquidation is equal to its fair market value on the date it is distributed. Petitioner's theory as to the computation of his basis in the client list is erroneous. Petitioner has failed to present evidence of the fair market value of the client list on the date of distribution to him. Having failed to establish the basis, petitioner is not entitled to the claimed loss. As indicated, respondent bears the burden of proving that petitioner incurred a capital gain upon the sale of the client list. Respondent has failed to present any evidence as to the fair market value of the client list as of November 1983. Since the record does not reflect the fair market value of the client list on the date it was distributed to petitioner, respondent has failed to carry her burden of proving that petitioner incurred a capital gain upon the sale of the client list. Issue 6. Section 6651(a) Addition to Tax 9 Sec. 331(b) provides that sec. 301 (relating to effects on shareholder of distributions of property) shall not apply to any distribution in complete liquidation.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011