Paul A. Rendina and Janet Mae Rendina - Page 22

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          concluding that they are equity rather than debt, we add them to            
          petitioner’s basis in his WSAI stock, rather than treating them             
          as liability offsets to the amount realized.  We also look at               
          whether petitioner assumed, or took subject to, WSAI liabilities,           
          because the amount realized under section 1001 on the liquidation           
          exchange is the net value of the distribution, and that amount              
          must be reduced by the amount of liabilities assumed or taken               
          subject to.  See Ford v. United States, 160 Ct. Cl. 417, 311 F.2d           
          951 (1963).  We then subtract the basis of petitioner’s shares              
          from the amount realized on the distribution to compute his gain.           
               A.  Value of Condominium Units Distributed                             
               Respondent maintains that petitioner received a taxable                
          distribution of $135,800, or the value of the two condominium               
          units received.13  Petitioner maintains that he gave value                  
          equivalent to that of the condominium units.  Petitioner’s                  
          position throughout this proceeding has been that the value of              
          the condominium units was no more than $109,200--the sum of what            
          he argues were the amount of the WSAI liabilities that he assumed           
          and his deposits into the WSAI account.                                     
               We disagree with petitioner’s estimate of the value of the             
          condominium units received.  The average selling price of the               


          13Respondent makes her determination of the value of the                    
          condominiums based on the $66,787 average price of the other 16             
          units sold, as well as the price petitioner received from the               
          sale of one of the units transferred to petitioner.                         




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