Group Administration Premium Services, Inc., et al. - Page 30

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          what his basis in the assets was at the time of contribution.16             
          After considering all of the evidence, we conclude that                     
          petitioner's basis in GAPS was $1,000.                                      
               On the JJM Schedule L, $1,000 is shown as petitioner’s                 
          original capital contribution.  Petitioners also claim that                 
          petitioner transferred the proceeds of a bank account, totaling             
          $20,000, to JJM.  We do believe that this account was                       
          transferred.  Unlike the GAPS accounts, there is no indication              
          that this account was a flow-through account.  Therefore,                   
          petitioner’s basis in JJM was increased by the bank account                 
          contributed.  Petitioner also claims to have transferred $37,000            
          in furniture and equipment.  Although we believe that petitioner            
          contributed this property to JJM, petitioners have not proven               
          what petitioner's basis in the assets was at the time of                    
          contribution.  There is insufficient evidence to justify                    
          increasing petitioner's basis by any amount on account of this              
          transfer.17                                                                 



          16We note that petitioners could have argued that the Cohan                 
          rule may be used to estimate petitioner's basis in the furniture            
          and equipment at the time of transfer.  Cohan v. Commissioner, 39           
          F.2d 540 (2d Cir. 1930).  However, even if petitioners had raised           
          this argument, they would have had to provide some reasonable               
          evidentiary basis for estimating petitioner's basis under Cohan.            
          Polyak v. Commissioner, 94 T.C. 337, 345-346 (1990); Vanicek v.             
          Commissioner, 85 T.C. 731, 743 (1985).  Petitioners failed to do            
          so.                                                                         
          17See supra note 16.                                                        




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