- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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