Kamil F. and Nagwa Gowni - Page 43

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          distribution that is a nontaxable return of capital must also be            
          taken into account under section 1367(a)(2) and must decrease the           
          Gownis’ basis in their Tomson stock accordingly.  These                     
          calculations also should be made incident to Rule 155                       
          computations in these cases.                                                
                    4.  The Nature of the Distribution From Micca                     
               Respondent determined that the Mansours received a $52,000             
          dividend distribution from Micca in 1996.  Petitioners contend              
          that $50,000 of this distribution is not taxable because                    
          Mr. Mansour used that amount “to facilitate Micca’s redemption of           
          the shares of a minority shareholder, Fouad Aycab.”  Petitioners            
          do not cite any authority that supports this contention.                    
          Furthermore, the facts upon which petitioners base this                     
          contention are limited to Mr. Mansour’s uncorroborated,                     
          inconsistent, and confusing testimony in response to leading                
          questions.  The unreliable quality of the testimony is shown by             
          the following passage:                                                      
                    Q  [By petitioners’ counsel] There’s a memo in                    
               there.  What does that say?  Do you see the memo in the                
               middle?                                                                
                    A  [By Mr. Mansour]  It says, Buying partner.                     
                    Q  Buying partner, okay.  So the money that you                   
               received from Micca, you sent to Mr. Ayoub [sic].  You                 
               said this was a repayment of a loan or a buyout of him?                
                    A  Yes, sir.                                                      
                    Q  Did he own an interest in Micca?                               
                    A  No, sir.                                                       





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