- 35 - to me and I gave it to the banker after the closing and said, Put this in a CD in the company? A [revenue agent] I don’t remember that, but if that had been the case you should have reported that $400,000 under income for 1995. Q Okay. It would have been a distribution that would have reduced my basis. Right? A If you had recorded the amount in income and then contributed it to Alofs, then it would be included in your basis in Alofs. Q Okay. It wouldn’t have been taxable then if we had already paid the taxes on that retained earnings, if it came out of Excellence retained earnings, would it not? Suffice it to say that the foregoing record is at least confusing, if not potentially contradictory, as to petitioners’ claims regarding the $500,000 and $400,000 amounts. The only documentary evidence related to either item is the $400,000 check, suggesting a remittance that in form should not affect basis in Alofs or Target. Conversely, nothing offered by petitioners at trial or on brief is sufficiently clear to suggest any transaction that in substance would lead to increased basis. Respondent’s position as to these amounts is sustained. 3. $196,000 sales price reduction A $196,000 item is also a subject of dispute in the parties’ basis computations. According to their stipulation on this matter: “In regard to the $196,000 that the respondent did not allow in basis for Alofs, petitioners advised that this resulted from the reduction in the sales price of Excellence by thisPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011