- 2 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011