Zalman Melnik and Lea Melnik - Page 22

                                       - 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

Last modified: May 25, 2011