Estate of John W. Clause, Deceased, Thomas Y. Clause, Personal Respresentative - Page 4

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               On February 18, 1997, through a sales representative of                
          South Trust, petitioner made purchases of securities issued by              
          domestic corporations, totaling $1,399,775, which satisfied the             
          requirements of section 1042(c)(4) to be “qualified replacement             
          property”.  All but approximately $120,000 of the proceeds was              
          thus reinvested in qualified replacement property.                          
               On or before April 15, 1997, petitioner timely filed his               
          1996 Federal tax return (original tax return) but did not report            
          the sale of stock, in any manner, on the tax return.  Further,              
          the original tax return did not include a statement of election             
          pursuant to section 1042, a statement from the company consenting           
          to the application of sections 4978 and 4979A, or a statement of            
          petitioner’s purchase of qualified replacement property with the            
          proceeds of the stock sale to the ESOP.  Petitioner did not                 
          request an extension of time to file the original tax return.               
               On January 12, 1999, after respondent began an examination             
          of the original tax return with regard to the stock sale,                   
          petitioner signed a Form 2848, Power of Attorney and Declaration            
          of Representative, appointing Mr. Midcap and certain associates             
          from Mr. Midcap’s practice as petitioner’s representatives with             
          regard to the examination.                                                  
               On November 28, 2000, respondent received petitioner’s                 
          amended Federal tax return for 1996 (amended tax return).  On the           
          amended tax return, petitioner reported the portion of the gain             






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