- 412 - adjusted basis of all the property transferred, the excess is treated as gain from the sale or exchange of the property transferred. Kanter admittedly was attempting to avoid section 357(c) by transferring eight artificial notes receivable in a total amount to offset exactly the aggregate negative capital accounts of the partnership interests. These artificial receivables do not constitute bona fide assets in which the trusts had any basis. Accordingly, the amount of the liabilities assumed ($476,889) is treated as gain on the sale or exchange of the property transferred and therefore is taxable to Kanter as the deemed owner of the trusts. The second part of respondent's adjustment ($378,800) relates to Kanter's use of the installment sale method to report gain from his grantor trusts' sale of stock. The Cashmere stock was sold to Waco in an installment sale on July 12, 1983. The terms of the sale provided for the payments to be made to the trusts from January 15, 1984, through July 11, 1993. Waco subsequently resold the stock to Equity Financial on September 2, 1983, clearly within 2 years of its purchase from the trusts and almost 10 years prior to the date the final balloon payments were scheduled to be made in connection with the initial installment sale. Section 453(e)(1) provides that if a person sells property to a related party (the first disposition) under the installmentPage: Previous 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 Next
Last modified: May 25, 2011