Ted Cowan - Page 3

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               Petitioner testified that he sold unimproved land which he             
          had inherited from his grandmother.  Petitioner failed to produce           
          any evidence of a basis3 in the inherited property.  However, the           
          Information Report reflected that the seller of the property was            
          petitioner and "Lola Cowan".4  In addition, the Information                 
          Report reflected that the sellers' net proceeds were $9,007.08.             
          In his petition and at trial, petitioner raised traditional "tax            
          protester" type arguments alleging that respondent is barred from           
          making an assessment after 3 years.                                         
               Respondent's determinations as to petitioner's tax liability           
          are presumed correct, and petitioner bears the burden of proving            
          otherwise.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115              
          (1933).  Section 61 defines gross income as all income from                 
          whatever source derived.  Included within the definition of gross           
          income is "Gains derived from dealings in property".  Sec.                  
          61(a)(3).  However, expenses paid in connection with the                    
          disposition of real property ordinarily are capital expenditures            
          which must be offset against the selling price in determining the           
          gain or loss.  Gunn v. Commissioner, 49 T.C. 38, 52 (1967).                 
               The Information Report reflected that petitioner and Lola              
          Cowan were the sellers of the unimproved land.  Petitioner                  


          3         Sec. 1014(a)(1) provides that the basis of property               
          acquired from a decedent is generally the fair market value of              
          the property at the date of the decedent's death.                           
          4         Lola Cowan is believed to be petitioner's wife.                   




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