J. Brent Haymond and Janis S. Haymond - Page 7

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          $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.                                 




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