- 3 - In December 1988, petitioner purchased her ex-husband's interest in the property for $62,500. The following spring, construction of the property was completed. At about the same time, petitioner listed the property for sale with Mel Foster Co., a real estate agency. After 6 months without success, she listed the property with another real estate agency, Ruhl & Ruhl Realtors, Inc. In September 1989, petitioner sold the property for $166,000. Neither before nor since the sale has petitioner participated in the business of building houses or selling real estate. Petitioner filed U.S. Individual Income Tax Returns, Forms 1040, for the taxable years 1986 and 1989. Her 1989 return contained two Schedules C, Profit or (Loss) From Business or Profession. The first, relating to her internal medicine practice, showed gross income of $380,095 and a net profit of $105,629. The second, which listed her business as "Construction Housing", showed a net loss of $179,596. Petitioner claimed an overall loss of $73,967 from business activities in 1989, i.e., the difference between her $105,629 net income from her medical practice and her $179,596 loss from the "business" involving the sale of the house. She carried back that $73,967 loss to 19861 1 Since that claimed $73,979 loss was combined with other items on petitioner's 1989 return to produce a zero amount of tax, and since, as we hold hereinafter, the carryback was incorrectly claimed, we need not consider what the correct amount of the carryback would be if it were otherwise allowable.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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