- 18 - unless there are specific provisions for nonrecognition. Respondent determined that petitioners understated their capital gain from the sale of Glenwood by $10,635. The increased capital gain results, in part, from respondent’s characterizing a $29,788.59 check from Glenwood to petitioner as a distribution which reduced petitioner’s basis in Glenwood to zero. The issue before us is purely factual. Petitioners argue that the $29,788.59 was a distribution to Hammontree from Glenwood and, in turn, a payment to petitioner in exchange for Hammontree’s acquisition of a 50-percent interest in Glenwood from petitioner. We agree with petitioner. In 1988 petitioner and Hammontree agreed that Hammontree would use funds from a retirement account to become a 50-percent partner in Glenwood. However, Hammontree was unable to draw from the account. Thereafter, it was understood that Hammontree would run the business and take a salary and that petitioner’s one-half interest in Glenwood would be paid for from Hammontree’s profit and/or salary from the partnership. Glenwood’s Federal income tax returns for 1988 and short year 1989 reflect a 50-50 partnership. Early in 1989, however, Glenwood was incorporated, the partnership was discontinued, petitioner and Hammontree became equal shareholders, and petitioner had not been paid forPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011