Robin A. and Susan D. Bettencourt - Page 5

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               The sole issue is the value of petitioners’ basis in the               
          property.4                                                                  
               Gross income means all income from whatever source derived,            
          including gains derived from dealings in property.  Sec.                    
          61(a)(3).  Gain from the sale of property is defined as the                 
          excess of the amount realized on the sale of the property over              
          the adjusted basis of the property sold or exchanged.  Sec. 1001;           
          sec. 1.61-6(a), Income Tax Regs.                                            
               The amount realized is the sum of any money received plus              
          the fair market value of any other property received, reduced by            
          the expenses of selling the property.  Sec. 1001(b); Chapin v.              
          Commissioner, 12 T.C. 235, 238 (1949), affd. 180 F.2d 140 (8th              
          Cir. 1950).  Section 1011 provides that a taxpayer’s adjusted               
          basis for determining the gain or loss from the sale or other               
          disposition of property shall be its cost, adjusted to the extent           
          provided by section 1016.  See also sec. 1012.  Under section               
          1016(a)(1), the basis of property must be adjusted for                      
          expenditures, receipts, losses, or other items, properly                    


               4Generally, the burden of proof is on petitioner.  Rule                
          142(a)(1).  The burden may shift to the Commissioner under sec.             
          7491 if the taxpayer establishes compliance with the requirements           
          of sec. 7491(a)(2)(A) and (B) by substantiating items,                      
          maintaining required records, and fully cooperating with the                
          Secretary’s reasonable requests.  Prior to trial, petitioners did           
          communicate with respondent; however, they did not cooperate with           
          respect to producing books and records to substantiate their                
          expenses.  The burden of proof, therefore, does not shift to                
          respondent under sec. 7491.                                                 





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