-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 propertyPage: Previous 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 Next
Last modified: May 25, 2011