Richard L. Hutcheson and Deloris A. Hutcheson - Page 7

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            corresponding realization of gain.  They contend, however, that                               
            because they rescinded the January 3 sale to the extent of 96,600                             
            shares, they need not recognize the gain on those 96,600 shares                               
            at this time.  Alternatively, they argue that the sale of the                                 
            stock to the extent of 96,600 shares by Merrill Lynch was an                                  
            involuntary conversion pursuant to section 1033 which enables                                 
            them to claim nonrecognition treatment.                                                       
            1.  Rescission                                                                                
                  Rev. Rul. 80-58, 1980-1 C.B. 181 discusses two situations                               
            involving the income tax consequences of a reconveyance to a                                  
            taxpayer of property previously sold by that taxpayer.  In the                                
            first situation, A sold B a tract of land in 1978.  The contract                              
            required A to accept the land back if B was unable to obtain                                  
            business zoning within 9 months after the sale.  Later that year,                             
            when B failed to get the zoning, he returned the land to A, and A                             
            returned the sales price.  In the second situation, the facts are                             
            the same except that the period within which B could reconvey the                             
            property to A was 1 year and the reconveyance occurred in 1979.                               
            Id. at 181.                                                                                   
                  Rev. Rul. 80-58, supra, defines rescission as "the                                      
            abrogation, canceling, or voiding of a contract that has the                                  
            effect of releasing the contracting parties from further                                      
            obligations to each other and restoring the parties to the                                    
            relative positions that they would have occupied had no contract                              
            been made.  A rescission may be effected by mutual agreement of                               




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