Matt Bennett Ledbetter V Goodyear

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Ledbetter vs. Goodyear Matt Bennett February 19 th 2009

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1 Research Module #3 Scenario. Roger and Peggy are husband and wife and resided in Wheat Ridge, Colorado. Roger is and has been employed full-time as an airline pilot for United Airlines for approximately twenty-eight years. Pursuant to regulations of the Federal Aviation Administration, he must retire upon reaching his 60th birthday, which will occur in February of 2020. The issue in this case arises out of Roger's investment in a restaurant in Aspen, Colorado, known as "Dan Guarani’s Fiesta Roma Ristoranti." The restaurant was owned by a corporation named "Dan Guarani's, Inc. (hereinafter referred to as "DGI"). Because of its location, the restaurant's business was seasonal in nature and primarily served skiers who visited the popular recreational area during the winter months. DGI was incorporated under the laws of the State of Colorado on October 24, 2012. At the time of incorporation, the president and sole shareholder was Robert Ryder. The original articles of incorporation did not include a plan for the issuance of Section 1244 stock. Roger became involved in the business in or around 2014, in hopes of developing a supplementary retirement income through the restaurant. Initially, his involvement consisted of advancing money and visiting the restaurant once or twice a month in order to review the books and records and to check generally on the operations of the business. During 2014 and 2015, Roger made a number of cash advances to DGI and/or to Robert Ryder personally for use in operating the restaurant. The dates of the advances, amounts and interest rates are set forth below: Date Amount Interest Rate Jan 26, 2014 $20,000.00 12% June 4, 2014 10,000.00 10% Nov. 9, 2014 1,850.00 None stated Dec. 29, 2014 10,000.00 None stated Dec. 29, 2014 25,000.00 9.5% Dec. 9, 2015 4,864.90 None stated $71,714.90 Total Principal Amount of Advances All advances except the last one were evidenced by promissory notes of DGI. The first three notes were also co-signed by Robert Ryder. The last advance was a direct payment by Roger to the IRS for employment taxes owed by DGI. 2 On December 9, 2015, an agreement was entered into by Roger, DGI, and Robert Ryder in order to settle litigation which was then pending between them (the exact nature of which is not reflected in the record). As part of this agreement, all prior advances made by Roger to DGI and/or Robert Ryder were consolidated and a new promissory note was executed. The total of the advances made by petitioner to DGI and/or Robert Ryder as of the date of the agreement was $71,714.90. Including accrued interest, the parties agreed upon a total liability of $80,821.87. A new promissory note was executed for this amount, bearing an interest rate of 9.50% and specifying that it was payable 30 days from December 9, 2015. The new note was signed by DGI and Robert Ryder personally. The capital stock of D ...

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Page 1 of 6 February 15, XXXX TAX FILE MEMORANDUM From: Student Subject: Ruben and Mary Gould Engagement: Issues and Conclusions One month ago, I received an email from Ruben Gould requesting tax assistance. His particular questions concern the effect on shareholders and security holders in the assumption of liability in organizations and reorganizations, as well as questions concerning the operation of Section (or use § instead of writing Section but be consistent throughout memo) 357 of the IRC particularly with respect to liabilities in excess of basis. His questions relate specifically to joint income tax returns filed by Mr. Gould and his wife for 1977 and 1978. They were residents of the state of New York during the taxable years in question. FACTS Mr. Gould and I have had several meetings and I have determined that the facts in this case are as follows. Since the early 1950’s, Mr. Gould had been a sole proprietor operating under the trade name of World Bolt Co (proprietorship). The proprietorship was a wholesale distributor of a variety of metal fasteners. In January 1962, a New York corporation, World, Inc. (World), was organized with Mr. Gould as the sole shareholder. World carried out a similar business to the proprietorship, and Mr. Gould was the president and chief executive officer of World. Prior to January 1977, the proprietorship and World carried on operations from the same location in New York City. They had separate books and records and filed separate Federal income tax returns using the accrual basis of accounting and the calendar year accounting period. The proprietorship relied on a factor, Trefoil, to provide working capital for its operation. Trefoil made loans to the proprietorship secured by a pledge of the proprietorship’s accounts receivable. In late 1976, Trefoil refused to continue the existing arrangements. Trefoil insisted that it would only continue financing the operation of the business if the proprietorship were operated as a corporation, because the state of New York allowed Trefoil to charge a higher interest rate to corporations. Mr. Gould instructed his attorney and accountant, Mr. Ketten, “to do whatever was necessary for the proprietorship to become a corporation so that he could continue operation.” (Lessinger v. Comm, 11/20/1985) Mr. Ketten and his associate dealt directly with the bookkeeper of the proprietorship, concerning the necessary arrangements. Mr. Gould was unaware of the details of the transaction. “It was determined that the proprietorship and World would be consolidated as of January 1, 1977.” (Lessinger v. Comm, 11/20/1985(NOT an acceptable cite) (Cite all cases in good formsee references below and Chapter 2 of the text) Case 30 Student Name Page 2 of 6 Appendix A of this memorandum shows the details of the balance sheet of the proprietorship before the consolidation and the journal entry which complete.

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