Estate of John W. Clause, Deceased, Thomas Y. Clause, Personal Respresentative - Page 2

                                        - 2 -                                         


               Ronald L. Kahn and Ronald H. Isroff, for petitioner.                   
               David S. Weiner, for respondent.                                       


               HAINES, Judge:  Respondent determined a deficiency of                  
          $395,279 in John W. Clause’s (Mr. Clause’s) Federal income tax              
          for 1996.  The issue for decision is whether Mr. Clause duly                
          elected, under section 1042,1 to defer recognition of a gain that           
          resulted from a sale of stock to an employee stock ownership plan           
          (ESOP).                                                                     
                                  FINDINGS OF FACT                                    
               Mr. Clause was 74 years old when he testified at the trial             
          of this case on June 4, 2003.  Mr. Clause died on November 13,              
          2003, and his estate was substituted as petitioner by Order of              
          the Court dated January 30, 2004.  To avoid confusion, the                  
          decedent, Mr. Clause, will be referred to as petitioner herein.             
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time he filed the            
          petition, petitioner resided in Gainesville, Florida.                       
               Petitioner retired from W.J. Ruscoe Co. (the company) in               
          1995 after working for the company since 1956.  The company was a           

               1  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code in effect for the year in issue.                  
          Amounts are rounded to the nearest dollar.                                  





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011