Joseph D. Doll and Charlotte J. Doll - Page 7

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          Except as otherwise provided, the entire amount of the gain or              
          loss on the sale or exchange of property shall be recognized in             
          the year of the sale.  Secs. 61(a)(3), 1001(c).                             
               While petitioner agrees with respondent that tax is due on             
          the proceeds of $199,375, petitioner disagrees as to the timing             
          of the inclusion of the gain.  Petitioner argues, among other               
          things, that the Securities Act of 1933 (Securities Act) requires           
          Colorcom to sell the partnership units and that petitioner could            
          not legally deposit the proceeds into his personal account in               
          2001.  Securities Act of 1933, ch. 38, secs. 77a-77bbbb, 48 Stat.           
          74, currently codified at 15 U.S.C. secs. 77a-77bbbb (2000).                
               Respondent contends that petitioners must recognize gain on            
          the entire $199,375 of proceeds from the sale of the partnership            
          units in 2001 because the units had an adjusted basis of zero,              
          and no other theory operates to exclude the proceeds from taxable           
          income.  We agree with respondent.                                          
               A.  Basis                                                              
               Respondent contends that petitioner has a zero basis in the            
          Colorcom units he sold.  On the original return, petitioner                 
          listed a zero basis for the units sold.  On the first amended               
          return, petitioner lists the units as having a basis of $184,375,           
          the amount of the outstanding account payable from CDM to                   
          petitioner.  On the second amended return, petitioner lists a               
          portion of the units as having a basis of zero.  Petitioner bears           






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