Henry Allen Waters - Page 8

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          show that he is qualified for nonrecognition under section                  
          1034(a).                                                                    
               In the notice of deficiency, respondent determined that                
          petitioner's gain on the sale of his old residence was equal to             
          the full sales price of the property; no reduction was taken for            
          petitioner's adjusted basis in the property, although such a                
          reduction is provided for in section 1001.  The Court brought               
          this matter to the attention of the parties, and they filed a               
          supplemental stipulation of facts agreeing that the $125,000                
          selling price included in petitioner's income should be reduced             
          by $10,780 of costs and expenses in connection with the sale.5              
          Accordingly, petitioner realized $114,220, rather than $125,000             
          as the net proceeds of sale.  In addition, the parties stipulated           
          that petitioner's adjusted basis in the property sold was                   
          $77,806.25.  Accordingly, petitioner realized income of                     
          $36,413.75 from the sale of the Richmond realty.  The parties               
          should reflect these differences from the notice of deficiency in           
          their Rule 155 computation.                                                 
               Next, we consider the home mortgage interest deduction of              
          $11,582 reported by petitioner on his 1989 return.  Petitioner              
          claims that this amount includes $7,532.08 in mortgage interest             
          paid, and several amounts reported on the settlement statement              
          petitioner received when he sold the Richmond property,                     

               5 Petitioner claimed $2,000 of closing costs as part of an             
          interest deduction on his return.  Respondent disallowed this               
          amount as part of a disallowance of a large amount of interest              
          claimed.                                                                    


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