Group Administration Premium Services, Inc., et al. - Page 31

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               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 joint             





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