- 3 - Frank Agostino, Alan G. Merkin, Mary Ann Perrone, and Susan M. Flynn, for petitioner. Patricia Y. Taylor and Clare W. Darcy, for respondent. BEGHE, Judge: Respondent determined the following deficiency and additions to tax: Additions to Tax Year Deficiency Sec. 6653(a)(1) Sec. 6661 1988 $477,816 $23,891 $119,454 In so doing, respondent determined that Martin Ice Cream Co. (MIC or petitioner) recognized taxable gain of $1,430,340 on the distribution of stock of its newly created subsidiary, Strassberg Ice Cream Distributors, Inc. (SIC), to one of petitioner’s two shareholders, Arnold Strassberg (Arnold), in redemption of his 51-percent stock interest in petitioner. Shortly before trial, we granted respondent's motion for leave to amend answer to allege that a subsequent sale of assets to the H�agen-Dazs Co., Inc. (H�agen-Dazs), by Arnold and SIC should be attributed to petitioner under Commissioner v. Court Holding Co., 324 U.S. 331 (1945). We reject respondent’s attempt to apply Court Holding, although we uphold respondent’s original determination that petitioner recognized gain on the redemption of Arnold’s stock in petitioner. We find that petitioner’s gain is substantially less than the gain determined by respondent. We reject respondent’s imposition of an addition to tax under section 6653(a)(1) butPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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