- 6 - Journal Entry approving the Property Settlement Agreement was filed on September 7, 1988. On his 1988 income tax return, petitioner, as stipulated by the parties, reported long-term capital gain of $486,002 (rounded to the nearest dollar) with respect to the Blackbob exchange. In the statutory notice of deficiency, the Commissioner determined that petitioner received unreported long-term capital gain of $900,000 (the difference between the $1,386,002.30 cash paid by Suzanne and the $486,002.30 reported by petitioner). Upon petitioner's showing that he paid $100,000 for his children's ownership interests in Blackbob,1 which he transferred to Suzanne, respondent has since conceded $100,000 of the $900,000 long-term capital gain ascribed to petitioner.2 The Commissioner and petitioner agree that an exchange of interests occurred between petitioner, Suzanne, and Elaine. They both agree that Elaine conveyed by deed her interest in Blackbob to petitioner, which he subsequently transferred to his sister. They agree that Suzanne provided $800,000, which was deemed a 1 Actually, the title company paid only $99,847.39 instead of $100,000 on petitioner's behalf to his children, but nothing here appears to turn upon the comparatively minor difference. Perhaps it represents part of the title company's fee for its participation as escrow agent. 2 The parties have stipulated with respect to a number of issues not in controversy now, and the Commissioner has conceded that petitioner is not liable for the section 6661(a) addition to tax with respect to the items involved in the foregoing settled issues.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011