Jimmy D. Morris, Transferee - Page 5




                                                - 5 -                                                  
                  Also on November 7, 1988, ACT issued separate checks of                              
            $66,666.67 to each of its four shareholders, including                                     
            petitioner.5  Therefore, petitioner received from ACT gross                                
            distributions aggregating $199,490.01 ($66,666.67 plus                                     
            $132,823.34).  All these distributions occurred in the State of                            
            Florida.                                                                                   
                  After the initial distribution of the sale proceeds on                               
            November 7, 1988, the remaining payments under the purchase                                
            agreement were distributed to ACT’s shareholders directly.6                                
                  For taxable year 1988, ACT issued petitioner a Form                                  
            1099-DIV, Statement for Recipients of Dividends and                                        
            Distributions, showing cash liquidating distributions of $80,890.                          
                  The sale of ACT’s assets to JSL on October 28, 1988,                                 
            resulted in a complete dissolution or liquidation of ACT’s                                 
            assets, and the subsequent transfers to ACT’s shareholders on                              
            November 7, 1988, of the cash proceeds that ACT received from the                          
            sale of its assets to JSL rendered ACT insolvent.  After selling                           




                  5 Thus, Association Cable TV, Inc. (ACT), issued checks to                           
            its four shareholders totaling $266,666.68.  From worksheets in                            
            evidence, ostensibly prepared by ACT’s accountants, it appears                             
            that ACT allocated $13,034.93 to pay Hess’ legal expenses and                              
            $30,000 to pay a commission.  The sum of these total payments and                          
            allocated expenses–-$309,701.61–-is slightly greater than the                              
            $309,666.66 payment that Hess made to ACT on Nov. 7, 1988.  The                            
            seeming discrepancy is unexplained in the record.                                          
                  6 The record does not indicate the exact dates or amounts of                         
            these payments.                                                                            




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