- 6 - and Davidson County due to condemnation proceedings. The provision in the aforementioned agreement reads as follows: 13.01 Replacement Property. Buyer, [ISC and ESI] represent[s] and warrant[s] to Sellers that one or more of said entities plan to purchase real property to relocate the business of [ISC and ESI] once possession of said property is lost to the Metropolitan Government of Nashville and Davidson County, Tennessee due to condemnation proceedings. Buyer, [ISC and ESI] acknowledges that Sellers are relying upon the purchase of said replacement property in order to secure the [$350,000] Promissory Note constituting part of the deferred payment to Sellers. On May 31, 1994, ESI and the Metropolitan Development and Housing Authority (Housing Authority) entered into a contract of sale of real estate for the properties located at 213-215 5th Avenue South and 301-307 5th Avenue South for $775,000. Also on May 31, 1994, ISC and the Housing Authority entered into a similar contract for the sale of properties located at 305 5th Avenue South and 302 6th Avenue South for $550,000. ESI and ISC each made elections on their 1994 U.S. Corporation Income Tax Return, Form 1120, not to recognize gain realized from the compulsory or involuntary conversion of property under section 1033(a)(2). On its 1994 return, ESI elected not to recognize $701,161 in realized gain resulting from a June 20, 1994, condemnation of its building and land. On its 1994 return, ISC also elected not to recognize $465,250 in realized gain resulting from a June 20, 1994, condemnation of its building and land. In doing so, both corporations stated thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011