Alice Berger, et al. - Page 4

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          how an allocation should be made between dealer and nondealer               
          assets in order to determine whether and to what extent the gain            
          on sale is entitled to installment treatment; (6) whether Howard            
          Berger and Alice Berger are liable for additional self-employment           
          tax for 1988 and 1989; and (7) whether Alice Berger is liable for           
          the section 6651(a) addition to tax or section 6662 accuracy-               
          related penalty for 1989.                                                   
               After addressing the evidentiary questions, we hold that the           
          1988 return was a valid joint return and that petitioners used a            
          proper method of accounting for mausoleum crypt sales.  As a                
          result, neither Howard Berger nor Alice Berger has taxable income           
          from Phase II mausoleum crypt sales for 1988.  We allocate                  
          cemetery income, including Phase II mausoleum crypt sales income,           
          between Howard and Alice Berger for 1989.  We hold that the gain            
          on the sale of Woodbine is attributable in its entirety to Alice            
          Berger.  After discussing the rules for determining the bases of            
          the Woodbine assets in the hands of Alice Berger, we use the rule           
          of Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), to                    
          determine the portion of Alice Berger's Woodbine sale gain                  
          entitled to installment treatment as a nondealer disposition,               
          leaving the details to a Rule 155 computation.  We hold that                
          Howard and Alice Berger are both subject to self-employment tax             
          for 1988 and 1989, and that Alice Berger is not liable for the              
          section 6651(a) addition to tax or the section 6662 accuracy-               






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