Marshall I. Gordon - Page 7

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          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 this            






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