Theodore B. Bare - Page 10




                                        - 9 -                                         
               Upon consideration of these factors in light of the totality           
          of the facts and circumstances surrounding the transaction, we              
          conclude that the conveyance of the Bowmen Lane property was                
          without substance and had no effect for tax purposes.                       
               Petitioner’s purported purchase of the Bowmen Lane property            
          did not occur until after Uprite Homes had accepted the Webers’             
          offer to purchase the property, no money was exchanged, and the             
          deed was never recorded.  Petitioner’s purported purchase and               
          sale price of $130,000 is almost 20 percent less than the                   
          $160,500 Uprite Homes agreed upon and received from the Webers.             
          The insurance and utilities for the property remained in the name           
          of Uprite Homes, and petitioner never moved any of his personal             
          belongings into the home.  Uprite Homes continued to pay the                
          utilities, and the $698 petitioner “paid” the corporation for               
          property tax, interest, and insurance on the Bowmen Lane property           
          was merely a recorded entry in Uprite Homes’ general ledger.                
               As the purported purchaser and as sole shareholder of the              
          purported seller, petitioner was on both sides of the                       
          transaction.  The facts surrounding the transaction indicate the            
          parties did not deal at arm’s length.  The “sale” was fabricated            
          solely to facilitate petitioner’s attempt to defer gain on the              
          sale of the Burns Street property.                                          
               Furthermore, the record reflects that petitioner did not use           
          the Bowmen Lane property as his principal residence as required             






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