- 14 - shareholder must have incurred the assumed liability to acquire the transferred stock; and (4) the transferred stock must not have been acquired from a person whose stock was attributable to the shareholder under the section 318 attribution rules. In the present controversy, respondent challenges only the third of the elements enumerated above. Accordingly, we focus our analysis on whether the $174,133.20 liability released by COST was incurred by Mr. Combrink to acquire the LINKS stock. Petitioners bear the burden of proving that this question should be answered in the affirmative. See Rule 142(a). Of the $174,133.20 assumed by COST, the stipulated evidence explicitly establishes only that $72,263.38 was transferred to or used for the benefit of LINKS. Remittances on August 31 and December 20, 1995, of $15,729.17 and $11,228.64, respectively, were applied to repay creditors for services and property related to the LINKS business. Then, in 1996, payments totaling $45,305.57 were made directly to LINKS. However, the parties also agreed that all nine accounts receivable transactions, including those on May 26 and December 29, 1995, were consistently treated as loans from COST to Mr. Combrink, followed by loans from him to LINKS. On the basis of such consistency, wePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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