Bruno and Francesca Tabbi - Page 25

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          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 contends                




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