Paul A. Rendina and Janet Mae Rendina - Page 18

                                       - 18 -                                         

          T.T. Word Supply Co. v. Commissioner, 41 B.T.A. 965 (1940);                 
          Olmsted v. Commissioner, supra.  In order for complete                      
          liquidation treatment to apply, it is not essential that a formal           
          plan of liquidation be adopted or that the corporation dissolve,            
          as long as there is a manifest intention to liquidate that is               
          carried out.  Genecov v. United States, 412 F.2d 556 (5th Cir.              
          1969); Stamler v. Commissioner, 145 F.2d 37 (3d Cir. 1944), affg.           
          45 B.T.A. 37 (1941); Kennemer v. Commissioner, 96 F.2d 177, 178             
          (5th Cir. 1938), affg. 35 B.T.A. 415 (1937); Olmsted v.                     
          Commissioner, supra; Silverman v. Commissioner, T.C. Memo. 1971-            
          143; see Bittker & Eustice, Federal Income Taxation of                      
          Corporations & Shareholders, par. 10.02, at 10-9 (6th ed. 1994);            
          11 Mertens, Law of Federal Income Taxation, sec. 42.06, at 53               
          (1992 rev.).                                                                
               Respondent maintains that petitioner has failed to provide             
          the necessary books and records to support his position regarding           
          the liquidation of WSAI.  Although we agree with respondent that            
          there are gaps in the record, we believe that it contains                   
          sufficient evidence to sustain our conclusion that WSAI was                 
          liquidated in 1988.  The intentions of petitioner and Ackerman to           
          liquidate WSAI at the end of 1988 were apparent from the sales of           
          WSAI’s assets, its cessation of business, and the agreement of              
          petitioner and Ackerman that WSAI would distribute the last two             
          condominium units to petitioner, in consideration of petitioner's           





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011