- 12 - the Kligfelds for their 2000 taxable year. Both notices were a result of the Commissioner’s determination that Kligfeld should have taken the short sale obligation into consideration when determining outside basis in Holdings 1. Accordingly, Kligfeld (and Corporation after him) should have had a much lower outside basis, with the following results: Holdings 2 shouldn’t have been able to adjust the Inktomi stock’s inside basis under section 754; the later distribution of cash to Corporation exceeded Corporation’s much-reduced outside basis and should have been treated, at least in part, as a capital gain; and, finally, the stock distributed to Corporation should have had a basis of zero since Corporation no longer had any outside basis once the cash was distributed. As a result, the deficiency notice to the Kligfelds showed an increase in capital gain of more than $9.8 million. Holdings 2 timely filed a petition with this Court to review the FPAA, and the Kligfelds timely filed a petition challenging the notice of deficiency. Kligfeld, as a representative of Corporation and on behalf of Holdings 2, moved for summary judgment in the partnership case. He argues that the Commissioner acted too slowly: the FPAA for the 1999 taxable year was issued more than three years after Holdings 2 filed its 1999 return. The Commissioner argues in reply that because thePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007