Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 335

                                                -395-                                                   
            the related party purchaser then resells the property (the second                           
            disposition) within 2 years after the first disposition and                                 
            before the original seller has received all payments due with                               
            respect to the first disposition, the amount realized by the                                
            related party on the second disposition is treated as a payment                             
            received at that time by the original seller.  Section 453(e)(7)                            
            provides that subsection (e) shall not apply to a second                                    
            disposition if neither the first disposition nor the second                                 
            disposition had as one of its principal purposes the avoidance of                           
            Federal income tax.                                                                         
                  Section 453(f)(1)(A) and (B) defines the term “related                                
            person” for purposes of section 453(e) as a person whose stock                              
            would be attributed under section 318(a) (other than paragraph                              
            (4) thereof) to the person first disposing of the property or a                             
            person who bears a relationship described in section 267(b) to                              
            the person first disposing of the property.                                                 
                  Waco’s stock was owned entirely by the Bea Ritch Trusts, and                          
            the beneficiaries of the Bea Ritch Trusts were members of                                   
            Kanter’s family.  In addition, Kanter’s family members were the                             
            beneficiaries of Kanter’s grantor trusts.  Because the Waco stock                           
            owned by the Bea Ritch Trusts is considered owned by the                                    
            beneficiaries of the Bea Ritch Trusts under section                                         
            318(a)(2)(B)(i), and those same beneficiaries are also the                                  
            beneficiaries of Kanter’s grantor trusts, ownership of the Waco                             






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