- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011