Conrad Janis and Maria G. Janis - Page 15

                                       - 15 -                                         
                     Year          COGS          Ordinary Loss                        
                     1996        $985,000           $512,916                          
                     1997       1,277,000            546,466                          
          The Schedules K-1 (Form 1065), Partner’s Share of Income,                   
          Credits, Deductions, etc., attached to the partnership’s Forms              
          1065 for 1996 and 1997 indicate that the partnership’s ordinary             
          losses were distributed equally between Conrad and Carroll.                 
          Petitioners’ Income Tax Returns for 1995, 1996, and 1997                    
               Dean A. Avedon, C.P.A., prepared Conrad and Maria’s joint              
          income tax returns for 1995, 1996, and 1997.  Silverman prepared            
          the Schedules K-1 (Form 1065) that were attached to those                   
          returns.  On each of those joint income tax returns, Conrad and             
          Maria reported that they had no taxable income and owed no income           
          tax.  On their joint income tax return for 1995, Conrad and Maria           
          reported the net operating loss carryover of $1,750,480 that had            
          been distributed to them from the trust.  The following                     
          explanation was given on this Form 8275 for the existence of the            
          claimed net operating loss carryover:                                       
               Value of paintings of an art gallery (Sidney Janis                     
               Gallery) transferred to a trust were valued at                         
               $36636630 by the IRS at the decedent’s (Sidney Janis)                  
               death.  After a blockage discount allowed by the IRS on                
               audit the estate paid inheritance tax on an amount of                  
               $14500000 after the blockage discout [sic] reported on                 
               Form 706.  In accordance with the decision in                          
               Elizabeth G. Augustus, 40 BTA 1201, 12/10/31 (ACQ) the                 
               trust used the individual value of the paintings prior                 
               to the blockage discount for the paintings sold by                     
               trust and for the one (1) painting sold by the heirs as                
               reported on Schedule C.                                                






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