Carl Goudas and Marilyn Goudas - Page 26

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          distributed to Coastal from the escrow account is approximately             
          equal to Mall-associated liabilities of Pecaris for security                
          deposits, real property taxes, and prepaid rents (see infra note            
          14) that were assumed or taken subject to by Coastal.  The relief           
          of Pecaris of responsibility for those obligations was part of              
          the consideration received by Pecaris on the sale of the Mall.              
          The amount realized by Pecaris on the sale of the Mall stands at            
          $4.8 million.                                                               
               (b) Pecaris Adjusted Basis                                             
               Respondent, in computing the larger gain that she determined           
          using an amount realized of $4.8 million, of course allowed the             
          entire adjusted basis of the Mall to be used in computing the               
          resulting gain.  It's only petitioners, in their effort to leave            
          the tax position of petitioner's Pecaris partners unaffected, but           
          treat petitioner as having no share of the Pecaris partnership              
          gain, who came up with the notion that what Pecaris sold was a              
          75-percent undivided interest in the Mall for $3.6 million.  This           
          led to petitioners' correlative argument that the Pecaris                   
          partnership was entitled to use only 75 percent of its basis in             
          computing the gain on that sale.                                            
               Petitioners' argument suffers from a fatal flaw.                       
          Petitioner's recharacterization of the transaction as a sale by             
          Pecaris of a 75-percent undivided interest in the Mall and a                
          Pecaris distribution to petitioner, followed by a contribution by           





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