- 12 - 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 . . . . . . . . . . . . . . . 3,311,873Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011