- 43 - 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 Petitioners do not cite any authority that supports this contention.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.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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