Clinton N. and Naomi K. Bohannon - Page 13

                                                  13                                                    
            owned C or S corporation to a wholly owned S corporation does not                           
            increase the shareholder's basis in the S corporation.  Meissner                            
            v. Commissioner, T.C. Memo. 1995-191; Burnstein v. Commissioner,                            
            T.C. Memo. 1984-74.                                                                         
                  Respondent argues that petitioner has not proven the amount                           
            of his basis in Bob Wade Ford.  We agree in part and disagree in                            
            part.  We find that petitioner invested $125,000 in Bob Wade Ford                           
            in 1988 and $275,000 in 1989.  Petitioner produced canceled                                 
            checks showing his contributions to the dealership in 1988 and                              
            1989 and records of his Merrill Lynch money market account that                             
            showed petitioner's contributions to Bob Wade Ford for 1988.                                
            Petitioners reported gains from sales of Bohannon, S.A. stock on                            
            their 1988 and 1989 returns exceeding the amount they invested in                           
            Bob Wade Ford in those years.                                                               
                  However, petitioner did not prove that he had a basis in Bob                          
            Wade Ford at the end of 1987.  Petitioner testified that he has                             
            contributed his own funds to the dealership each year since 1970,                           
            except in 1990.  He testified that he kept annual summaries of                              
            his contributions and gave them to Kane.  Kane testified that                               
            petitioner's basis in Bob Wade Ford was $1,079,854 in 1988 and                              
            $1,272,953 in 1989.  Kane and Dan Gallogly, a certified public                              
            accountant, both testified that they calculated petitioner's                                
            basis in Bob Wade Ford.  Petitioner produced canceled checks and                            
            records of his Merrill Lynch money market account showing that he                           
            made some contributions to the dealership before 1988.  These                               




Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011