- 4 - Petitioner and Hammontree filed a partnership tax return for Glenwood for the calendar year 1988. For the 1988 tax year, Glenwood reported ordinary losses of $517 and claimed $5,000 in section 179 expenses. Glenwood’s Schedule K for 1988 reflected that petitioner and Hammontree each owned 50 percent of the partnership. Petitioners reported flowthrough activity from Glenwood for tax years 1988 through 1992 on their Forms 1040, U.S. Individual Income Tax Return. Effective February 28, 1989, Glenwood became incorporated as Glenwood Wrecker Service, Inc., and the Glenwood partnership was terminated. The partnership assets and liabilities were exchanged for all of the issued stock in Glenwood. Additionally, a short-year partnership tax return was filed for the period ending February 28, 1989. The partnership reported ordinary income of $788 for the short tax year ending February 28, 1989. Petitioner’s ending basis in Glenwood partnership and his beginning basis in Glenwood corporation was $13,914. On April 25, 1989, petitioner and Hammontree personally guaranteed a bank loan to Glenwood in the amount of $43,080. The loan was secured by Glenwood’s assets, which consisted of six tow trucks and one office trailer. Petitioner and Hammontree agreed that $29,788.59 should be removed from the corporation by Hammontree and paid to petitioner in payment for Hammontree’s one-half interest in the business. The following day, April 26, 1989, petitioner received a $29,788.59 corporate check, signed byPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011