- 22 - (C.C.A., 4th Cir.), 81 Fed. (2d) 139, 142, citing many authorities. * * * The foregoing analysis satisfies us that the entire record is available for our review to help us determine the gain realized by and recognized to Pecaris on the sale of the Mall. The record makes abundantly clear that the cash consideration paid by or on behalf of Coastal was substantially less than the stated purchase price of $4.8 million, thereby providing a toehold for petitioner's argument that we should not impute realized gain to Pecaris by reference to any more than the cash consideration actually paid and received. Cf. Don E. Williams Co. v. Commissioner, 429 U.S. 569, 579-580 (1977) (quoting Commissioner v. National Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 148-149 (1974)); Bartels v. Birmingham, 332 U.S. 126, 130-132 (1947). But that's not the end of the matter; we must consider whether the $700,000 of credits is includable in the amount realized by Pecaris for the purpose of computing its gain on the sale of the Mall. II. Tax Treatment of Pecaris on Its Sale to Coastal The parties have not shown us what the capital accounts of Pecaris actually looked like on its books before and after the Mall transaction. It seems likely, from the way Pecaris reported the transaction on its partnership return and accompanying schedules, that Pecaris accounted for the credits as if they had been received from Coastal as cash equivalents or receipts thatPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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