Carl Goudas and Marilyn Goudas - Page 12

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          sale of the Mall had been consummated.8  Upon being informed of             
          petitioner's participation in Coastal, they did not voice any               
          objection or take any action against petitioner.  The Pecaris               
          partnership continues, with petitioner and Messrs. Boyas and                
          Spillas retaining their respective partnership interests in the             
          remaining assets and liabilities of the partnership.                        
          Tax Reporting of the Transaction                                            
               Pecaris reported the transaction on its Form 1065 U.S.                 
          Partnership Return of Income as a sale of the Mall for $4.8                 
          million with a realized and recognized gain of $3,311,873.9                 
          Pecaris used the $100,000 commission as an offset to reduce the             
          gain reported on its 1988 return of partnership income as                   
          distributable to petitioner and Messrs. Boyas and Spillas.                  


          8Mr. Spillas testified that he did not know the identity of                 
          the principal parties of Coastal at the time of the transaction,            
          but became aware of petitioner’s interest in Coastal prior to the           
          filing of the Pecaris 1988 partnership return, which Mr. Spillas            
          signed on behalf of Pecaris.  Mr. Boyas testified that he did not           
          recall when petitioner's identity as a partner in Coastal was               
          revealed to him, but that the reason for his inability to recall            
          was that he regarded petitioner's role on the other side of the             
          transaction as unimportant.                                                 
          9On its 1988 Form 1065 and Form 4797, Pecaris reported and                  
          computed the gain on the sale of the Mall as follows:                       
               Gross sales price . . . . . . . . . . . . $4,800,000                   
               Cost or other basis plus                                               
               expenses of sale  . . . . .  $3,022,670                                
               Depreciation allowed  . . . .   1,534,543                              
               Adjusted basis  . . . . . . .   1,488,127                              
               Total gain  . . . . . . . . . . . . . . .     3,311,873                





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