- 34 - Since Henry and Esther were not guarantors of the loans at issue in this case, their reliance on Landreth, Payne, and Whitmer does not help them. II. Whether Henry May Reduce the Gross Amount of the Option Price Paid to Him or for His Benefit Pursuant to the Option and Stock Purchase Agreement by $150,000, the Amount Allegedly Owed and Paid to Bryan The clear language of the EOA indicates that “In consideration of the grant of the Option by HM to HJA, HJA shall pay to HM the sum of * * * ($300,000.00)”. Indeed, there is no dispute that Henry received $286,411 in 1990 for the option. The only dispute is whether Henry may exclude from his 1990 taxable income $150,000 of the $286,411 option payment. Henry and Esther claim in this case that the remaining $150,000 of the option payment was owed to Bryan for HJA stock that Bryan acquired in 1990 from Henry. Respondent disagrees, claiming that the full amount of the option price must be reported by Henry as investment income on his 1990 Federal income tax return. We agree with respondent. The record overwhelmingly supports respondent’s position that Henry received the $150,000 as part of the consideration paid by HJA for the option to purchase Henry’s stock under the EOA and that the subsequent payment by Henry to Bryan of a portion of that consideration was a loan repayment to Bryan. When the EOA giving HJA an exclusive option to purchase all of Henry’s 10,000 shares of HJA’s stock was executed, Bryan, a partyPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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