- 25 - to prove that they are not liable for self-employment tax except as conceded by respondent. 3. Unreported Income From the Sale of Petitioners' Residence The parties dispute the basis of the lot Oliver Homes gave to petitioner wife. Respondent contends that the lot has a zero basis; petitioners contend that the basis of the lot is $19,500, which was the cost of the lot to Oliver Homes. Taxpayers bear the burden of proving their basis in the lot. Rule 142(a). A taxpayer who acquires property by gift takes a basis in the property equal to the lesser of the donor's basis or the fair market value. Sec. 1015. Respondent argues that petitioner wife had no basis in the lot because her father, LoChirco, misappropriated it from Oliver Homes. Respondent argues that because transactions within a family group are subject to special scrutiny, Fitz Gibbon v. Commissioner, 19 T.C. 78, 84 (1952), and because LoChirco was petitioner wife's father, his failure to pay Oliver Homes for the lot before Oliver Homes conveyed it to his daughter should be treated as a constructive dividend to him, followed by a gift of the lot from him to her. Respondent asserts that petitioners did not show that LoChirco recognized a constructive dividend on the transfer of the lot, and that therefore he had no basis in the lot when Oliver Homes conveyed it to petitioner wife. Commissioner v. Farren, 82 F.2d 141, 143- 144 (10th Cir. 1936); Crane v. Commissioner, 68 F.2d 640 (1st Cir. 1934), affg. 27 B.T.A. 360 (1932). Respondent contendsPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011