Michael V. Domulewicz and Mary Ann Domulewicz - Page 1

                                   129 T.C. No. 3                                     

                               UNITED STATES TAX COURT                                

            MICHAEL V. DOMULEWICZ AND MARY ANN DOMULEWICZ, Petitioners v.             
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      

               Docket No. 10434-05.              Filed August 8, 2007.                

                    As part of a Son-of-BOSS transaction designed to                  
               create a basis of approximately $29.3 million in                       
               publicly traded stock purchased at a relatively minimal                
               cost, P entered into a short sale of U.S. Treasury                     
               notes and contributed the proceeds of that sale and the                
               related obligation to a partnership (DIP) in which P                   
               was one of three partners.  Neither P nor DIP treated                  
               the obligation assumed by DIP as a liability under sec.                
               752, I.R.C., and P did not compute his basis in DIP by                 
               taking the obligation into account.  After DIP                         
               satisfied the obligation and received contributions of                 
               the publicly traded stock from its partners, the                       
               partners transferred their interests in DIP to DII, an                 
               S corporation of which they were shareholders.  The                    
               transfer of partnership interests was followed by DII’s                
               receipt of DIP’s distributed assets; i.e., the stock                   
               and cash.  DII sold the stock and claimed a resulting                  
               capital loss of $29,306,024.  On Ps’ 1999 Federal                      
               income tax return, P claimed his $5,858,801 share of                   
               the reported loss as a passthrough capital loss from                   

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Last modified: November 10, 2007