Alden L. Clopton and Yolanda Y. Clopton - Page 5

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               Singer issued to Mr. Clopton a Form 1099-B, Proceeds From              
          Broker and Barter Exchange Transactions, for 1999.  The Form                
          1099-B showed proceeds from the sale of “Stocks, bonds, etc.” of            
          $1,155,000.10.                                                              
               Petitioners jointly filed a Form 1040, U.S. Individual                 
          Income Tax Return, for 1999.  On Schedule D, Capital Gains and              
          Losses, petitioners reported the assignment of the 20 future                
          annual payments of $120,000 to Singer as a sale of a capital                
          asset held more than 1 year.  Petitioners reported a sales price            
          of $1,155,000, a cost or other basis of $10,334,2 and a long-term           
          capital gain of $1,144,666.                                                 
               On December 24, 2002, respondent issued a notice of                    
          deficiency to petitioners for the year 1999.  In the notice,                
          respondent determined that the $1,155,000 received from Singer              
          was ordinary income.  Respondent determined that the cost or                
          other basis reported on petitioners’ return with respect to the             
          amount received from Singer was zero.                                       
               Petitioners reported on their joint return for 1999 a short-           
          term capital loss of $9,088 on Schedule D, Capital Gains and                
          Losses, for unrelated transactions.  Due to a scrivener’s error,            


               2The record does not reflect how petitioners computed the              
          cost or other basis amount of $10,334.  Petitioners have not                
          argued or elaborated on brief with respect to this point, nor               
          have they argued that if we find for respondent then this basis             
          amount must be considered in calculating the amount of ordinary             
          income resulting from the sale to Singer.                                   





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