Eugene K. Friscone and Nicole Friscone - Page 6

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          subtitle, the entire amount of the gain or loss * * * on the sale           
          or exchange of property shall be recognized."                               
               Petitioners' brief does not dispute the Commissioner's                 
          determination that the $23,000 cash and the discharge of Eugene's           
          $31,200 indebtedness to MUI were includable in the computation of           
          petitioners' capital gain for 1990.  Nor is there any controversy           
          over petitioners' right to use the installment method.  However,            
          petitioners do challenge the Commissioner's determination that              
          the entire amount of the redetermined sales proceeds was                    
          reportable on their 1990 return.  They contend that they are                
          liable for the taxes on only 45 percent of the proceeds of the              
          sale.  They also object to being charged with the entire amount             
          of the interest received in 1990 on the long-term note, and                 
          contend that they are accountable for only 45 percent of that               
          amount.  They take like positions with respect to 1991 to the               
          extent that capital gain from the sale of MUI stock and interest            
          on the long-term note are involved.                                         
               The Government argues that petitioner was the owner of the             
          entire 150 shares of MUI and is chargeable with all the gain                
          realized.  The difficulty with the Government's position is that            
          it fails to recognize just what the decree of the divorce court             
          covered.  The court found that "the principal remaining assets of           
          the marriage consist of Plaintiff's [Eugene] business interests             
          in Defendant Maintenance Unlimited, Inc., of which Plaintiff                
          [Eugene] owns fifty percent (50%) of the issued and outstanding             




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