- 31 - Petitioners also claim that petitioner transferred $16,000 in accounts receivable to JJM. Petitioner was a cash basis taxpayer. A cash basis taxpayer has a zero basis in accounts receivable. Raich v. Commissioner, 46 T.C. 604, 610 (1966); see also P.A. Birren & Son v. Commissioner, 116 F.2d 718, 720 (7th Cir. 1940). Therefore, petitioner's contribution of the accounts receivable has no effect on his basis in JJM. After consideration of all of the evidence, we conclude that petitioner's basis in JJM was $21,000. Finally, section 301(c)(3) treats the amount of the distribution, not treated as a dividend, to the extent it exceeds basis, as gain from the sale or exchange of property. This calculation we leave to the parties under Rule 155. Issue 3. Additions to Tax and Penalty (a) Section 6651(a)(1)--All Petitioners Section 6651(a)(1) provides, in the case of failure to file a return by the due date, that the taxpayer is subject to an addition to tax in the amount of 5 percent of the tax for each month, or fraction thereof, that the delinquency continues (not to exceed 25 percent), unless it is shown that such failure is due to reasonable cause and not willful neglect. Petitioners' 1989 joint individual income tax return was due April 15, 1990. Sec. 6072(a). On August 30, 1990, the Internal Revenue Service received the individual petitioners' 1989 jointPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011