Robin A. and Susan D. Bettencourt - Page 3

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               Respondent determined a deficiency of $10,289 in                       
          petitioners’ Federal income tax for the year 1999.  The sole                
          issue for decision is the basis of petitioner Susan Bettencourt’s           
          one-third interest in a house she inherited from her father.                
               Some of the facts were stipulated.  Those facts, with the              
          exhibits annexed thereto, are so found and made part hereof.                
          Petitioners’ legal residence at the time the petition was filed             
          was Grants Pass, Oregon.                                                    
               In 1981, petitioner wife (Mrs. Bettencourt) and her two                
          siblings inherited a personal residence (residence) with a fair             
          market value of $135,000 from her father.  Mrs. Bettencourt’s               
          interest was one-third of the residence.  Mrs. Bettencourt’s                
          mother died in 1976, and her father remarried.  He died in 1981.            
          Mrs. Bettencourt’s stepmother (Mrs. Hatch) survived her spouse              
          and was still living in the residence.  Mrs. Bettencourt and her            
          siblings entered into a living probate homestead (homestead)                
          enabling Mrs. Hatch to reside in the residence, rent free, for as           
          long as she desired.  Mrs. Hatch, however, did not receive any              
          ownership interest under this arrangement and was prohibited from           
          renting the house to third parties.  According to the terms of              
          the homestead, when Mrs. Hatch either died or moved away, Mrs.              
          Bettencourt and her siblings would be free to sell the residence.           
               Mrs. Hatch suffered from multiple sclerosis and, sometime in           
          1993, became unable to live alone.  She then moved away to live             






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