- 10 - The loss calculation for 1994 is calculated as follows: Net farm revenues $1,132,681 add: depreciation 135,317 less: distribution (10/94) (147,174) Interest income 13,057 Interest expense (12,082) Total cash embezzled $1,121,799 50% Share $ 560,900 On both its original and amended Forms 1041 for the taxable year 1995, the estate claimed that as a result of Melvin’s death it acquired a 50-percent interest in BBP. In a document attached to both the original and amended Forms 1041, the estate made the following statement: [The estate] acquired a 50% interest in Ballantyne Brothers on March 4, 1994 as a result of the death of Melvin Ballantyne. The interest in the partnership was valued at $731,509 on the 706. On March 4, 1994, the assets of Ballantyne Brothers consisted of cash, marketable securities, notes receivable, oil and gas properties, office furniture and fixtures, farm inventory, seed, buildings and equipment having a fair market value of $1,463,019. Taxpayer has been unable to obtain the basis amounts for these assets. Currently there is legal action against the partnership to obtain such information. On August 24, 1998, a settlement agreement was executed which resolved the dispute concerning BBP. In negotiating the settlement, representatives of the estate relied on the advice of a certified public accountant as to the value of BBP’s assets. The goal of the estate’s representatives was to obtain 50 percent in value of the partnership’s assets. Under the settlementPage: 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