Carl Goudas and Marilyn Goudas - Page 22

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               (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 that             




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