Tony L. Zidar and Kathleen I. Zidar - Page 8




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          $166,831 reported on the Form 1099 as income paid by CRC to Tony.           
          Conley, McDonald & Sprague provided the agent with summary sheets           
          (created by Conley, McDonald & Sprague from CRC’s records)                  
          describing the manner in which the income reported on the Form              
          1099 was calculated.  On the basis of this investigation,                   
          respondent determined that, consistent with the information                 
          reported on the Form 1099, CRC had redeemed Tony’s shares for               
          $166,831, representing a cash payment of $50,000 plus discharge             
          of all Tony’s obligations to CRC, totaling $116,831.  Moreover,             
          respondent determined that petitioners had failed to substantiate           
          any basis in the CRC stock.  Consequently, in the notice of                 
          deficiency, respondent determined that petitioners must recognize           
          $166,831 of capital gain from Tony’s disposition of his CRC                 
          shares and accordingly increased petitioners’ taxable income by             
          $116,831 ($166,831 less the $50,000 capital gain that petitioners           
          reported on their 1992 return).                                             
               In addition, respondent determined that Tony did not engage            
          in his stock car activity for profit.  Respondent limited                   
          petitioners’ claimed deductions from this activity to $5,571,               
          which was the gross income that petitioners reported therefrom.             
                                       OPINION                                        
          A.   Capital Gain From Stock Redemption                                     
               The parties disagree as to whether petitioners recognized              
          $50,000 in capital gains from CRC’s redemption of Tony’s stock,             






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