-30- M. First Sale of Interest in Structured Shelters of Cincinnati As noted supra, SSC became a Chartered Representative for SSI, to market SSI's products in the Cincinnati area. SSC's principal business activity was financial planning. In March 1981, when Robert entered into an agreement to sell an interest in SSC to Gary Elliot, hereinafter sometimes referred to as Elliot, SSC was wholly owned by Robert. By letter dated September 25, 1981, Robert told Elliot that the purchase price of a 50-percent interest in SSC was $250,000, which included a $50,000 down payment. As of that date, Elliot had paid $10,000 of the down payment. Later, the sale was rescinded. On Schedule D of their 1981 tax return, petitioners reported $10,953 as a long-term gain from the attempted sale of Structured Shelters of Cincinnati, Inc. Petitioners are taxable on this $10,953 as a 1981 long-term capital gain.21 N. Second Sale of Interest in Structured Shelters of Cincinnati On March 22, 1982, Robert entered into an agreement to sell SSC to Kent Maerki, hereinafter sometimes referred to as Maerki, 21 As noted supra, petitioners filed their 1981 and 1982 joint tax returns after respondent issued the notices of deficiency for these years. In the notice of deficiency to Robert, respondent determined that Robert had $10,000 ordinary income from this transaction. By their 1981 joint tax return, petitioners have conceded that the correct amount is $10,953, $953 greater than the amount respondent determined. Respondent has conceded, on brief, that petitioners are entitled to treat the income as long-term capital gain.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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