Greg R. Vinikoor and Melissa D. Vinikoor - Page 7

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          to a stepped-up basis equal to the fair market value of the                 
          shares when they disposed of the stock.4                                    
               Petitioners assert that if the transfers of stock are bona             
          fide loans, their basis is calculated as the fair market value of           
          the shares.  If the transfers are gifts, as respondent argues,              
          petitioners' basis is the transferred basis of the donor.  Sec.             
          1015(a).                                                                    
               We agree with respondent and hold that the shares of Price             
          Co. stock transferred to petitioners in October and December 1987           
          were gifts and not loans.  As gifts, petitioners are not entitled           
          to a stepped-up basis in 7,000 shares, as they claim.  Therefore,           
          petitioners' basis in these shares is the same as their basis in            
          other shares of Price Co. stock which they acknowledge were                 
          received as gifts.  Since we find that all of petitioners' Price            
          Co. shares were acquired by gift, petitioners' adjusted basis in            
          the shares is the same as that of the donor, Drachman.  Sec.                
          1015(a).  Petitioner testified, and the account statements                  
          indicate that, Drachman's basis in the Price Co. stock was 10               
          cents per share.  Accordingly, petitioners' carryover basis in              


               4    The purported loan documents indicate that one of the             
          conditions of the transfers was "That the stock will be returned            
          to [Drachman] upon request."  This raises the questions of                  
          whether petitioners were required to report income from discharge           
          of indebtedness when they sold the stock, or whether they had the           
          right to sell the stock at all.  Since we hold that all of                  
          petitioners' Price Co. stock was acquired by gift, we need not              
          decide these questions.                                                     




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