- 11 - constitute gains from the sale or exchange of property under section 301(c)(3)(A) because petitioners have failed to establish the respective bases that Mr. Hawthorne had in the shares of common stock which he owned in Centerior Energy and in Portland General. Consequently, according to respondent, there is no basis in any of those shares against which to apply the respec- tive cash distributions at issue that he received from those companies pursuant to section 301(c)(2). We agree with respon- dent.4 Petitioners have not introduced any evidence regarding Mr. Hawthorne's respective bases in the shares of common stock of Centerior Energy and of Portland General which he owned and with respect to which those companies made cash distributions to him during 1993. On the record before us, we find that petitioners have failed to satisfy their burden of establishing that $609.91 of the cash distributions totaling $1,440 that Mr. Hawthorne received from Centerior Energy and all of the cash distributions that he received from Portland General during 1993 are not includible in petitioners' income for 1993. On that record, we 4 We note that the corrected copy of Form 1099-DIV which Portland General sent to Mr. Hawthorne explained the tax treatment of amounts that were identified in that form as "NON- TAXABLE DISTRIBUTIONS", as follows: This part of the distribution is nontaxable because it is a return of your cost (or other basis). You must reduce your cost (or other basis) by this amount for figuring gain or loss when you sell your stock. But if you get back all your cost (or other basis), you must report future nontaxable distributions as capital gains, even though this form shows them as nontaxable. * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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