Douglas P. McLaulin, Jr. et al. - Page 2




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                  B in a transaction in which gain or loss was                                         
                  recognized, the distribution failed to satisfy the                                   
                  active business requirement of sec. 355(a)(1)(C) and                                 
                  (b)(2)(D)(ii), I.R.C.  The distribution resulted in                                  
                  gain to A under sec. 311(b), I.R.C., taxable to P’s                                  
                  under sec. 1366(a), I.R.C.                                                           


                  Robert J. Beckham, Donald W. Wallis, and Suzanne M. Judas,                           
            for petitioners.                                                                           
                  William R. McCants, for respondent.                                                  


                  HALPERN, Judge:  These consolidated cases involve the                                
            following determinations by respondent of deficiencies in                                  
            petitioners’ Federal income taxes for 1993:                                                
                              Petitioner                    Deficiency                                 
                        Douglas P. McLaulin, Jr.            $97,244                                    
                        Augustus H. King III                97,124                                     
                        Alfred E. & Lynn B. Holland         97,244                                     
                  Unless otherwise indicated, all section references are to                            
            the Internal Revenue Code in effect for the year in issue, and                             
            all Rule references are to the Tax Court Rules of Practice and                             
            Procedure.  Petitioners bear the burden of proof.  See Rule                                
            142(a).                                                                                    
                  After concessions, the only issue for decision is whether                            
            the January 15, 1993, distribution by Ridge Pallets, Inc., a                               
            Florida corporation (Ridge), of all of the outstanding stock of                            
            Sunbelt Forest Products, Inc., also a Florida corporation                                  
            (Sunbelt), qualifies as a tax-free "spinoff" of Sunbelt to                                 





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