Investment Research Associates - Page 355




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          method and the related party purchaser then resells the property             
          (the second disposition) within 2 years after the first                      
          disposition and before the original seller has received all                  
          payments due with respect to the first disposition, the amount               
          realized by the related party on the second disposition is                   
          treated as a payment received at that time by the original                   
          seller.  Thus, the installment method of reporting the sale of               
          Cashmere stock to Waco was not available because Waco was a                  
          related party under the attribution rules of sections 318(a) and             
          267(b).  Waco’s stock was owned by BRT, the beneficiaries of                 
          which were members of Kanter’s family who were also beneficiaries            
          of the trusts selling the stock.  The subsequent disposition of              
          the stock by Waco took place within 2 years of the original sale             
          when all payments under the installment sale had not been made to            
          the grantor trusts.  Therefore, the entire price of $947,000 for             
          which the grantor trusts sold their Cashmere stock to Waco was               
          deemed realized in 1983, the year of the sale.                               
               It is noted that Kanter did not correctly report the                    
          installment sale on his Federal income tax returns.  Although he             
          was not to receive any payments until 1984, he did not disclose              
          the existence of the sale, as required, on his 1983 tax return,              
          that being the tax year in which the sale occurred.  Furthermore,            
          when he did report the sale on Form 6252 attached to his 1984 tax            
          return, he answered "no" to the question on line D ("Was property            






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Last modified: May 25, 2011