Robert E. Iles and Monica M. Iles - Page 30

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          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          rescinded.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.                                       



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