- 19 - Table 4 Source and Application of Funds--1982 Petitioner Respondent Respondent Court's Sources Reported Def. Notice Brief Findings Wages $46,943 $46,943 $46,943 $46,943 Interest income 4,187 4,187 4,187 4,187 Seismic fees 700 700 700 700 Capital gains1 8,207 8,207 20,517 20,517 Rental income 15,026 14,318 15,026 15,026 Farm income 7,538 7,538 7,538 7,538 Royalty income2 14,318 10,329 24,647 24,647 Loans –- 32,452 26,500 32,452 Total sources of funds 96,919 124,674 146,058 152,010 Applications Expenditures reflected on Schedule C 318,112 318,112 318,112 318,062 Reduced by: depreciation 6,250 6,250 6,250 6,250 write-offs 137,000 –- 137,000 137,000 Net Expenditure needing funds –- 311,862 174,862 174,812 Purchase of assets –- 132,979 133,008 48,211 Petitioner's draw –- 23,700 23,700 23,700 Total application of funds –- 489,541 331,570 246,723 Understatement of income (applications minus sources) –- 343,867 185,512 94,713 1 On his 1982 tax return, petitioner reported $8,207 of capital gain on line 13 of Form 1040. Although he attached a Schedule D to the Form 1040, petitioner did not provide any underlying amounts on the Schedule D. Sec. 1202(a) as in effect for 1982 allowed a deduction from gross income of 60 percent of the amount of an individual's net capital gain, but not short-term capital gain. Sec. 1222. By the time of the trial, and on brief, respondent evidently assumed that all of the reported $8,207 was net capital gain, after the 60-percent deduction, notwithstanding that petitioner showed the $8,207 on the Schedule D as short-term capital gain. Burns testified that "I divided the $8,207 by 40 percent to back into the $20,517 figure to give Mr. Hall the benefit of that source of income as a capital gain item which- would be the full amount." Implicit in respondent's determination in the notice of deficiency is the determination that petitioner had no tax bases in what he sold; i.e., that his gains amounted to his total receipts from the sales of capital assets. 2 See infra, text following note 9 reference, for a discussion of respondent's concession as to this component of the source and application of funds method.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011