Robert R. Skorniak and Mary Skorniak - Page 6

                                        - 6 -                                         

               The Internal Revenue Service assigned revenue agent Linda              
          Richards (Ms. Richards) to examine petitioners' 1990 return.                
          That examination focused on petitioners' sale of their California           
          residence and their deferral of the recognition of gain from that           
          sale.  In a meeting with Ms. Richards that took place on June 1,            
          1993, Mr. Skorniak informed Ms. Richards that he moved into the             
          3405 house in May or June 1992.  In January 1994, during a                  
          telephonic discussion with Ms. Richards, Mr. Skorniak advised her           
          that he believed that the law with respect to the deferral of               
          gain recognition on the sale of a principal residence was "unfair           
          and that he would do anything that he could to see that it was              
          changed, which would include talking with accountants and legis-            
          lators."                                                                    
               As of January 31, 1992, petitioners were not using the 3405            
          house as their principal residence.                                         
                                       OPINION                                        
               Petitioners bear the burden of proving error in respondent's           
          determination regarding the gain from the sale of their Califor-            
          nia residence.  See Rule 142(a); Welch v. Helvering, 290 U.S.               
          111, 115 (1933).                                                            
               Petitioners attempted to satisfy their burden of proof in              
          this case through the testimony of Mr. Skorniak, their son Donald           








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011