Thomas and Janice Gleason - Page 35

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               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 this                 





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