- 26 - that, under section 1015, petitioner wife had no basis in the lot. Petitioners argue that under section 301, a distribution to LoChirco was taxable to him at the lot's fair market value. Revenue Agent Rizzardi used $10,000 as LoChirco's basis for the lot, and concluded that LoChirco realized a constructive dividend because Oliver Homes built petitioners' home on the lot. Petitioners contend that petitioner wife's basis in the lot was the amount Oliver Homes paid for it, namely $19,500, or, in the alternative, the amount accepted by Agent Rizzardi in his audit of the LoChircos, $10,000. Petitioners argue that their gain on the sale of their home should be reduced accordingly. Petitioners have not proven that LoChirco realized a constructive dividend when Oliver Homes distributed the lot to him. See Loftin & Woodard, Inc. v. United States, 577 F.2d 1206, 1242 (5th Cir. 1978); Goldstein v. Commissioner, 298 F.2d 562, 566 (9th Cir. 1962), affg. T.C. Memo. 1960-276; Melvin v. Commissioner, 88 T.C. 63, 79-80 (1987), affd. per curiam 894 F.2d 1072 (9th Cir. 1990). Also, petitioners have not established the fair market value of the lot when Oliver Homes distributed it to LoChirco. Sec. 301(b). We hold that petitioner wife's basis in the lot was zero. 4. Capital or Ordinary Income and Loss Petitioners argue that the character of the gains and losses from petitioner husband's sale of real estate in the years atPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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