- 9 - letter, however, does not represent evidence of a consummation of a sale of petitioner’s shares. Petitioner and Mr. Taylor did not enter into a written stock purchase agreement until October 17, 2001. The stock purchase agreement provided that Mr. Taylor would pay petitioner an agreed upon purchase price on an undefined “Closing Date”. Mr. Taylor’s first payment to petitioner for his shares occurred on October 26, 2001, when petitioner received a check for $8,000. The payment of the first installment of the purchase price in this case is the best evidence of the sale of petitioner’s shares. Accordingly, we conclude that petitioner sold his shares of Edgington Mullins stock on October 26, 2001, for purposes of computing petitioner’s pro rata share of the S corporation’s items of income, credits, and deductions. B. Capital Gain or Loss From Sale of Edgington Mullins Stock The gain or loss realized from the sale of property is measured by the “amount realized” less the “adjusted basis” of the property sold. Sec. 1001(a). The amount realized consists of “the sum of any money received plus the fair market value of the property (other than money) received”. Sec. 1001(b). A shareholder’s adjusted basis in his or her S corporation stock is determined under section 1367, which provides a list of the positive and negative adjustments to the shareholder’s basis in his or her stock for items of income, loss, and deductions of anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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