- 11 - 3. Other Factors The parties failed to present evidence regarding which party bore the risk of loss or damage to the equipment. Under the agreement, Four A had a present obligation to convey title to Black Mountain (as noted above), and Black Mountain had a present obligation to make production payments to Four A in order to retain the equipment. Additionally, Black Mountain had possession of the equipment. Black Mountain was required to return the equipment to Four A if it stopped making production payments and failed to pay the remaining balance due under the agreement. 4. Conclusion Based on our review of the relevant Grodt & McKay Realty factors, we conclude that the transaction concerning the equipment constituted a sale by Four A. B. Amount Realized From the Sale On Four A's Form 1120S for 1993, Four A reported the amount realized on the sale of the equipment as $445,000. In 1996, Four A filed an amended Form 1120S that reported the amount realized on the sale as $143,430. This increased Four A's section 1231 loss to $574,576. Petitioners filed Forms 1040X seeking refunds for 1993 based on Four A's increased section 1231 loss.3 3 We note that petitioners never received any response from respondent regarding their amended Forms 1040X and that this (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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