John C. Bowden and Karol Bowden - Page 4




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          van with a stated basis of $21,139, a computer system with a                
          stated basis of $97, office furniture and equipment with a stated           
          basis of $241, and insurance premium renewals with a stated basis           
          of $245,000.                                                                
               In return, the corporation issued petitioner 1,000 shares of           
          stock.  The corporation also assumed a $220,468 liability,                  
          evidenced by a note, that petitioner had incurred to acquire his            
          ex-wife's community property interest in the sole proprietorship.           
          Assumption of the debt by the corporation did not relieve                   
          petitioner of his primary liability on the note.                            
               Upon incorporation, an account payable of $60,009 was                  
          created on the books of the corporation to pay cash to petitioner           
          or pay other personal expenses on his behalf in the amounts of              
          $15,768, $21,540, and $23,951, for the years 1991, 1992, and                
          1993, respectively.5                                                        
               Respondent issued a notice of deficiency to petitioners for            
          taxable years 1991, 1992, and 1993, determining that they must              
          recognize net capital gain on incorporation of the business in              
          the amount of $280,477.  The explanation of adjustments in the              
          notice of deficiency states that in taxable year 1991,                      
          petitioners received boot in the amounts of $60,009 in cash from            

               5Although the parties stipulated the yearly amounts paid to            
          petitioner, the Court notes that the sum of these three payments            
          exceeds the $60,009 account payable recorded on the books of the            
          corporation.  It is unclear to what source the additional funds             
          paid to petitioner were attributable.                                       




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