Investment Research Associates - Page 354




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          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 installment             






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