Jack Ammann Photogrammetric Engineers Inc. v. Commissioner of Internal Revenue

TUTTLE, Chief Judge This is an appeal from the Tax Court's determination of a deficiency against the taxpayer for 1956 income taxes. Petitioner was incorporated on January 2, 1954, to acquire the business theretofore carried on individually by Jack Ammann. Ammann made an initial contribution of $100,000, in return for which he received 78% of petitioner's stock. The corporation then executed a contract to buy the business, paying $100,000 cash, $90,000 of which was for accounts receivable valued at $90,000, and $10,000 of which was a down payment on the remainder of the purchase price of $817,031.49. This balance of $717,031.49 was to be paid in annual installments of $60,000. No notes were executed but the purchase price was secured by a statutory vendor's lien. Ammann elected to report the sale for tax purposes on the installment basis.