- 413 - 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 propertyPage: Previous 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 Next
Last modified: May 25, 2011