- 18 - assets in a liquidating distribution, he is not entitled to elect nonrecognition treatment under section 1033.7 Respondent also determined that petitioner had additional interest income of $13,370. Gross income includes interest income. Sec. 61(a)(4). On both his original and amended returns, petitioner reported only $97 of interest income. Petitioner's sole argument is that the interest income was received by petitioner in his fiduciary capacity as an agent for FSRC and, thus, was properly reportable by FSRC and not by petitioner. The only evidence introduced by petitioner to support this argument is his self-serving testimony that he opened several bank accounts on behalf of FSRC and DHF. However, petitioner did not even identify these accounts. Neither FSRC 7Even if petitioner were acting as an agent of FSRC with the intention of completing a sec. 1033 transaction, we still believe that the provisions of sec. 1033 are inapplicable under these facts. A threat of condemnation sufficient to invoke provisions of sec. 1033 exists when a representative of a governmental body or a public official authorized to acquire property for public use informs the taxpayer, either orally or in writing, that such body or such official has decided to acquire the taxpayer's property. Tecumseh Corrugated Box Co. v. Commissioner, 94 T.C. 360, 376 (1990), affd. 932 F.2d 526 (6th Cir. 1991); Rainier Co. v. Commissioner, 61 T.C. 68, 76 (1973), revd. on another issue by unpublished order 538 F.2d 338 (9th Cir. 1975). The property owner must also reasonably believe that condemnation will occur if the owner does not sell the property voluntarily to a third party. Id. In the instant case, the parties have stipulated that "Neither petitioner nor the shareholders of FSRC or DHF received any oral or written notice from a township official that eminent domain or condemnation proceedings were contemplated." Since petitioner received no communication from Howell Township officials regarding the possibility of condemnation of the Deep Hollow Park property, we are not persuaded that the property was sold under threat of condemnation, and sec. 1033 is unavailable.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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