Steven K. Stoddard and Ellen M. Stoddard - Page 19




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          proving that they are entitled to the casualty loss deduction               
          that they are claiming for 1997.11                                          
          Long-Term Capital Gain From the Sale of the Condo                           
               Respondent determined in the notice that petitioners real-             
          ized for 1995 a long-term capital gain of $211,000 from the sale            
          of the condo and that they understated the amount of such gain in           
          their 1995 joint return by $185,796.  Respondent concedes that              
          that determination in the notice was wrong in that respondent no            
          longer maintains that, in calculating the amount of such gain,              
          petitioners’ basis in the condo at the time of its sale was zero.           
          It is respondent’s position that petitioners’ adjusted basis in             
          the condo was $148,527 when they sold it for $211,000, that they            
          realized $62,473 of long-term capital gain from that sale, and              
          that they understated the amount of such gain in their 1995 joint           
          return by $37,269.                                                          
               The parties stipulated that petitioners’ cost basis in the             
          condo at the time of its sale was $165,000 and that they sold the           
          condo in 1995 for $211,000.  The only dispute between the parties           
          with respect to the sale of the condo is the amount of petition-            
          ers’ adjusted basis for determining the amount of long-term                 
          capital gain that they realized and must recognize for 1995 from            
          that sale.                                                                  



               11In light of our finding that petitioners have not estab-             
          lished their entitlement to a casualty loss deduction for 1997,             
          we find that petitioners have failed to establish that they are             
          entitled to the claimed NOL deductions for 1995 and 1996.  See              
          supra note 8.                                                               




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