- 7 - $430,679 as capital gain on their personal tax return.3 Petitioners did not include the $330,000 commission in their income for the taxable year 1990. Respondent disallowed the inclusion of the commission in InTex's basis in the stock, thus increasing petitioners' capital gain. Petitioners' return showed a tax of $59,689.00 whereas the tax required to be shown on the return as determined by respondent is $152,479.92. OPINION Inclusion of the Commission in Basis The primary issue before us is whether the unpaid commission, to which Mr. Haymond was apparently entitled, should be taken into account in determining the basis of the Bonneville Pacific stock sold in 1990 by Intex for purposes of calculating Intex's capital gain required to be reported by petitioners on their 1990 return. Petitioners argue that including the commission in basis is proper, because the commission is a capital expenditure related to the stock and the gain on the stock must be recognized in the year of the sale. Respondent does not dispute that the commission is a capital expenditure or that gain must be reported in the year of sale, but challenges the inclusion of the 3 The 1990 Form 1040 Schedule D only asked for the amount of the net gain (loss) from S corporations.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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