- 6 - On April 27, 1990, petitioner sold his 50-percent interest in M&V Investments (Tri-City and Newark Wreckers) to Mr. Viviano for $200,000. The $200,000 purchase price was paid in the form of three cashier’s checks for $100,000, $75,000,and $25,000, which were initially made payable to Mr. Viviano but were subsequently endorsed to petitioner. Pursuant to the sales agreement, petitioner relinquished all claims he had in Tri-City and Newark Wreckers, and he was discharged from his obligation to pay on the note to Mr. Giarrusso.5 Petitioner did not report this sale on his 1990 return.6 5The Escrow Statement, Bulk Transfer Escrow Instructions, and Security Agreement list petitioner’s and Mr. Viviano’s indebtedness to Mr. Giarrusso as $200,000. The 1990 Schedule L, Balance Sheet, for Tri-City lists the indebtedness as $202,000. Respondent describes petitioner’s indebtedness as being $101,000. We assume respondent used the $101,000 as opposed to the $100,000 on the basis of Tri-City’s 1990 Schedule L. We further assume a scrivener’s error on the part of Tri-City’s tax return preparer for 1990 and assign no substantive significance to this discrepancy. 6Petitioner did, however, attach a statement to his 1990 income tax return which states: THE ABOVE NAMED TAXPAYER WAS INVOLVED IN A PARTNERSHIP FOR PART OF THE 1990 TAX YEAR. THE PARTNERSHIP WAS TRI-CITY TRUCK PARTS. THE TAXPAYER DID NOT RECEIVE HIS SCHEDULE K-1 (SHARE OF PARTNERSHIP INCOME & DEDUCTIONS) FOR 1990. SEVERAL ATTEMPTS WERE MADE TO REACH THE DESIGNATED PARTNER OF TRI-CITY TRUCK PARTS (PETER VIVIANO). ALL ATTEMPTS WERE UNSECCESSFUL [sic]. AS A RESULT THE ABOVE NAMED TAXPAYER WAS UNABLE TO REPORT HIS SHARE OF THE PARTNERSHIP’S ACTIVITY FOR THE 1990 TAX YEAR. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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