Douglass H. and Suzanne M. Bartley - Page 5

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               During 1996, petitioners were audited by one of respondent's           
          agents.  The auditor requested information from petitioners with            
          respect to the sale of their Mequon residence.  On September 16,            
          1996, petitioners provided Form 2119 and Form 4797, Sales of                
          Business Property, to the Internal Revenue Service auditor assigned         
          to their case. However, petitioners did not execute either form.            
          Notice of Deficiency                                                        
               In the notice of deficiency, respondent determined that the            
          capital gain petitioners received from the sale of their Mequon             
          residence was includable in their 1993  income.  Respondent                 
          calculated petitioners' capital gain in the following manner:               
          Personal      Business                                                      
          Total          83%           17%                                            
          Sale price                      $270,000     $224,100      $45,900          
          Add: Depreciation allowed          4,913        ---          4,913          
          Less: Adjusted basis in         (213,582)    (177,273)     (36,309)         
          property                                                                    
          Selling expenses                 (21,191)     (17,588)      (3,603)         
                                                                                     
          Capital gain on sale of property  40,140   =   29,239   +   10,901          
                                       OPINION                                        
          Issue 1.  Gain From Sale of Home                                            
               The first issue is whether petitioners must include as income          
          the capital gain realized from the sale of their Mequon residence           
          in 1993.  Respondent maintains that because petitioners failed to           
          satisfy the requirements of section 1034, they should have reported         






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