- 25 - consideration paid for the rights as between Arnold and SIC.12 Ms. Bronner also signed the Assignment of Rights on behalf of H�agen-Dazs. Arnold signed a “Consulting and Non-Competition Agreement” with H�agen-Dazs, for which he was to be paid $150,000 annually for a period of 3 years. Martin also signed a “Consulting and Non-Competition Agreement” with H�agen-Dazs, for which he was to be paid $50,000 annually for a period of 5 years. Finally, H�agen-Dazs entered into three nonexclusive distribution agreements with petitioner for its continued distribution of H�agen-Dazs ice cream products to specified small independent stores and food service accounts in a limited geographical area. On March 3, 1989, petitioner filed a Form 1120S for 1988, reporting gross sales of $6,021,394 and an ordinary loss of $278. Rudolph Bergwerk signed the return as preparer. MIC’s 1988 Form 1120S contained no reference to the creation of SIC, the transfer to it of assets, or their basis, or the distribution of SIC stock to Arnold in redemption of his stock in MIC. Nor did the return refer to SIC’s and Arnold’s subsequent sale of assets to H�agen- 12 Subsequent to trial, respondent submitted to the Court a facsimile of the face of a H�agen-Dazs check to SIC in the amount of $1,430,340, accompanied by an affidavit that H�agen-Dazs issued the check to SIC as payment due at the closing of the sale of assets purportedly sold by SIC to H�agen-Dazs. We do not admit the facsimile and affidavit into evidence; there is sufficient evidence in the record to support a finding that SIC received the entire payment from H�agen-Dazs. However, because we decide this case as we do, initial receipt of payment by SIC instead of Arnold does not determine the Federal tax treatment to petitioner of the transactions at issue.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011