Alice Berger, et al. - Page 22

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          loss.                                                                       
               On September 13, 1990, approximately 1 month prior to the              
          filing of Alice Berger's 1989 income tax return, the Internal               
          Revenue Service had issued a report, Form 4549, in connection               
          with the examination of the 1988 income tax return of Howard and            
          Alice Berger.  The report took the position that Phase II                   
          mausoleum crypt sales payments were taxable Schedule C income in            
          the amount of $229,396 to Howard and Alice Berger.  The statutory           
          notice issued by respondent to Howard and Alice Berger for 1988             
          determined that their Schedule C gross income in respect of                 
          Woodbine should be increased by $491,432 in respect of Phases II            
          and IIIA mausoleum crypt sales payments, without any offset for             
          the costs allocable thereto.                                                
               On March 18, 1991, the Internal Revenue Service issued a               
          report, Form 4549, in connection with the examination of the 1989           
          income tax return of Alice Berger.  The report took the position            
          that Alice Berger's Schedule C taxable income from Woodbine                 
          during the year amounted to $208,889.  The report also took the             
          position that Alice Berger realized and recognized taxable income           
          of $604,055 on the sale of Woodbine, allowing a cost basis equal            
          to $75,945.  The statutory notice issued by respondent to Alice             
          Berger for 1989 determined that her gross income from Woodbine              
          should be increased by $475,112 in respect of mausoleum crypt               
          sales payments, without any offset for the costs allocable                  
          thereto, and also determined that she realized and recognized               




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