Johannes M. Schalekamp - Page 7

                                        - 7 -                                         

          Petitioner reported all three sales on the 1988 return using the            
          installment method of accounting.                                           
               In 1989, petitioner sold the notes referred to in the                  
          preceding two paragraphs (the Holland Spring notes) to Herland              
          Finance, Ltd. (Herland), receiving “approximately” $2.5 million             
          in cash.  At the time of that sale, petitioner’s total basis in             
          the Holland Spring notes was $2,724,451.                                    
                                       OPINION                                        
          I.  Introduction                                                            
               Section 1 of the Code imposes an income tax on the income of           
          every individual who is a citizen or resident of the United                 
          States and, to the extent provided in sections 871(b) or 877(b),            
          on the income of a nonresident alien.  In pertinent part, section           
          897(a) provides that gain or loss of a nonresident alien                    
          individual from the disposition of a U.S. real property interest            
          shall be taken into account under section 871(b)(1).  The parties           
          agree that, for 1987 and 1988, petitioner was a resident of the             
          United States and that, for 1989, he was a nonresident-alien                
          individual.  Respondent determined a deficiency in petitioner’s             
          1989 Federal income tax on the basis that petitioner had failed             
          to report total capital gain income of $17,248,184 arising from             
          the disposition in 1989 of the 1987 Ampel notes to Floridama and            
          Holland Spring notes to Herland.  Respondent determined, at least           
          with respect to the disposition of the 1987 Ampel notes, that               
          petitioner’s gain arose “from the sale of United States real                



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011