Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 326

                                                -387-                                                   
            4251, 4259, 4263.  Because Cashmere held cash in the amount of                              
            $498,500, $1,149,000 of the purchase price was allocable to the                             
            partnership interests that Zell was interested in acquiring.                                
            Exh. 9156, items 10(A); Exhs. 9157, 9164.                                                   
            Zell was not interested in the Cashmere stock and would have                                
            preferred to buy the partnership interests outright, but this was                           
            the only way that Kanter would permit the sale.  Exh. 9157;                                 
            Kanter, Transcr. at 4250, 4252-4253.                                                        

                                               OPINION                                                  
            A.  The Parties’ Arguments                                                                  
                  Respondent determined that Kanter received a net long-term                            
            capital gain of $190,756 as a result of the transfers from his                              
            grantor trusts to Cashmere.  The notice of deficiency stated in                             
            pertinent part:  “It is determined that your grantor trusts had a                           
            zero basis and negative capital account of $476,889 in the                                  
            partnership interests transferred.  The transfer of other assets                            
            to the corporation by the trusts has no bona fide business                                  
            purpose, was made only to avoid income tax, and, thus is ignored                            
            for Federal income tax purposes.”  Respondent further determined                            
            that Kanter received a net long-term capital gain of $378,800 as                            
            a result of his grantor trusts’ sale of Cashmere stock to Waco.                             
            The notice of deficiency stated in pertinent part:                                          
                  The installment sale by the trusts was a sale of                                      
                  property to a related party (the first disposition).                                  
                  The related-party purchaser disposed of the property                                  





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