- 22 - 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 recognizedPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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