- 17 - husband’s total adjusted basis in his Omni shares was $1,388,125, based on these two findings and on the amount shown by petitioner and husband on the 1986 return as husband’s basis in his Omni shares. 4. Amount Realized On April 29, 1986, husband instructed WLJ & Co. to disburse $2,299,920 of the net proceeds from Omni’s sale of MagnaCard to the account of RM & Sons. On May 3, 1986, WLJ & Co. credited RM & Sons’ account with that amount. On April 8, 1986, WLJ & Co. debited RM & Sons’ account $1,000,243 to repay an indebtedness of RM & Sons to WLJ & Co., and, on May 3, 1986, WLJ & Co. credited RM & Sons account $5,919 to pay interest, and a total of $1,293,752 to purchase demand debentures (the demand debentures).5 Petitioner concedes that the sum of the first two amounts, $1,006,162, constitutes an amount realized by husband. She denies that the third amount does. Petitioner argues that husband had agreed to accept the demand debentures as a condition of the sale of the Omni shares: because WLJCo. was unwilling to deplete its working capital for the sake of OMNI. * * * Reinhard Mueller had also agreed that the issuance of the debentures would satisfy WLJCo’s obligation to OMNI for the purchase of the MagnaCard shares and that thereafter 5 We assume that the 6-percent demand debentures referred to in WLJ & Co.’s customer account record for account number 10051 and the 5-percent demand debentures referred to in the contract notes are the same debentures. We cannot, however, explain the discrepancy in description.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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