- 22 - income tax returns. Mr. Hernandez relied upon information furnished by Mr. Pennoni regarding the sale of HouTex stock when preparing the Melniks’ 1997 returns. On his 1997 Federal income tax return, Moshe Melnik reported $1,608,515 as a long-term capital gain from the sale of his 2,900 shares of HouTex. The sales proceeds reported by Moshe Melnik on his 1997 return were $29,000 less than the total consideration received.30 On their 1997 joint Federal income tax return, Zalman and Lea Melnik reported $1,179,183 as a long-term capital gain from the sale of Zalman Melnik’s 2,100 shares of HouTex. The sales proceeds reported were $21,000 less than the total consideration received.31 Respondent’s Determinations In notices of deficiency dated August 24, 2001, respondent determined that the Melniks’ sale of their HouTex stock to Clend was a sham transaction lacking economic substance. Pursuant to this theory, respondent determined that Zalman Melnik and Lea should recognize additional capital gain of $2,611,010, and Moshe 30The sale price that Moshe Melnik reported as a long-term capital gain on his 1997 return reflected a mathematical error in the amount of $19,881. The mathematical error and the $29,000 underreporting of the total consideration received were taken into account in respondent’s notice of deficiency. 31The $21,000 underreporting of the total consideration received was taken into account in respondent’s notice of deficiency.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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