- 17 - through 1995 does indeed reflect additional income from Excellence on Schedule E of $257,328 and additional interest income of $7,043. Given petitioners’ lack of specific dispute regarding the proper year for inclusion, the Court will sustain respondent on this issue. We note, however, that neither party has cited, nor has the Court’s research revealed, any legal authority that would definitively resolve the underlying substantive question of inclusion year in these circumstances. We leave this question for another day and a more fully developed record. B. Distributions From Schedules K-1 Mr. Gleason’s Schedules K-1 from Alofs and Excellence for FYE 1995 reflect property distributions of $237,000 and $360,200, respectively, that were not reported on petitioners’ 1995 return. Likewise, the Schedule K-1 from Alofs for FYE 1996 shows a property distribution of $344,082 that was not reported by petitioners. Respondent argues that these amounts are includable as dividend income, principally on account of insufficient basis to support tax-free treatment under section 1368(b)(1). Although petitioners’ contentions on this point are less than clear, statements made on reply brief suggest disagreement with the premise that the distributions constitute a source of taxable income.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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