- 3 - FINDINGS OF FACT The facts have been fully stipulated, and they are summarized below. Guillermo Baez Espinosa (petitioner) was a nonresident alien individual during the taxable years 1987 through 1991. Petitioner owned two rental properties located in Austin, Texas (the Austin property) and Ruidoso, New Mexico (the Ruidoso property). The properties produced gross rental income during the years in issue in the following amounts: Property 1987 1988 1989 1990 1991 Austin $10,472 $10,200 $10,316 $10,385 $10,200 Ruidoso 1,138 1,324 804 -0- -0- When the expenses of producing the rental income including depreciation deductions are taken into account, each property produced an annual loss. Petitioner sold the Ruidoso property on February 1, 1990, for $13,000 incurring a loss on the sale in the amount of $13,315.2 Petitioner was required to file a Federal income tax return for each of the years in issue, and does not contend otherwise. Sec. 1.6012-1(b)(1)(i), Income Tax Regs. For petitioner's 2 In the notice of deficiency respondent determined that petitioner was liable for income tax on the $13,000 received from the sale of the Ruidoso property, with no offset of basis. Respondent concedes that sec. 874(a) allows petitioner to use the basis in the property to determine the amount of the gain or loss. Sec. 874(a) does, however, deny a deduction for a loss under sec. 165.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011