Mario Biaggi and Estate of Marie Biaggi - Page 6




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                  Petitioner did not report any gross income on account of                             
            either the receipt of the Wedtech shares in 1983 or the sale of                            
            the 25,000 shares in 1985.  Richard reported the receipt of the                            
            Wedtech shares on his Federal income tax return for 1983 at an                             
            aggregate value of $34,931, or $0.31 a share.  Richard reported                            
            the sale of the 25,000 shares on his Federal income tax return                             
            for 1985, showing a gain of $380,457, an aggregate basis for                               
            those shares of $6,654 and an amount realized of $387,111.                                 
            III.  Deficiencies                                                                         
                  A.  Value of Wedtech Shares                                                          
                  We first must determine the fair market value of the Wedtech                         
            shares.                                                                                    
                  In August 1983, Wedtech went public by offering 1,900,000                            
            shares of its stock to the public at $16 a share (the IPO).2                               
            Petitioner received the shares on a date (the valuation date)                              
            sometime between the date of the underwriter’s commitment letter                           

            1(...continued)                                                                            
            conceded respondent’s defense of collateral estoppel:  “The                                
            petitioners agree that collateral estoppel does apply to most of                           
            the facts decided in the criminal case.  However, the essential                            
            issues of intent and tax evasion were never at issue.”  The                                
            estoppel facts consist of 64 numbered paragraphs, which are                                
            incorporated herein by this reference and found for purposes of                            
            this case, because petitioner is estopped from denying them.                               
            Petitioner’s fraudulent intent is not established by the estoppel                          
            facts.                                                                                     
            2     There is a discrepancy in the record over the date of the                            
            IPO.  We need not resolve the exact date of the IPO to determine                           
            the fair market value of the Wedtech shares on the valuation                               
            date.                                                                                      





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