- 7 - payment by petitioner to Elaine. However, they place different interpretations upon these events. The Government contends that petitioner was the owner of the disputed 22.5 percent interest in Blackbob and, as such, should be taxed on the $800,000 portion of the cash supplied by Suzanne that was allocable to him. Petitioner argues that, at the time of the exchange, although he acted as a conduit between Suzanne and Elaine, Elaine was the owner of 22.5 percent of Blackbob and, as the seller of that 22.5-percent interest to Suzanne, should bear whatever the applicable tax burden might be. After the estate of his father was settled, petitioner received 45 percent of Blackbob from Gordon Realty. The divorce court allocated 22.5 percent of Blackbob, half of that 45-percent interest, to Elaine. At the same time, petitioner and Suzanne were having their interests in their father's estate and Gordon Realty arbitrated. The arbitration resulted in Suzanne's getting all of Blackbob in exchange for $1,386,002.30. The results of the divorce decree and the arbitration award were mutually inconsistent, with 22.5 percent of Blackbob awarded to Elaine by the divorce court, and, about a year later, 100 percent to Suzanne in the entirely separate arbitration proceedings. Petitioner, Elaine, and Suzanne resolved the inconsistency by having Elaine yield her 22.5-percent interest in Blackbob and accept $800,000, instead. Elaine consented to thisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011