- 13 - Year Gross Sales Proceeds 1983 $4,762,863 1984 5,583,176 1985 5,919,630 1986 4,941,356 Petitioner did not report any portion of the sales proceeds as gross receipts on its income tax returns for the years in issue. Petitioner deducted certain payments to the RSC as ordinary and necessary business expenses, including the loss from sales of residences to third parties at a price below the appraised value. Respondent disallowed the deduction against ordinary income on the ground that the payments were capital losses. Respondent increased petitioner's taxable income in the following amounts:3 Year Increase 1983 $227,208 1984 733,953 1985 707,805 1986 490,134 Petitioner did not report any capital gain or loss during the years in issue. OPINION Petitioner contends that its payments to the RSC to assist relocating employees in selling their residences are a form of 3 Respondent's determination is expressed as a single adjustment for each taxable year in issue. In the determination, respondent treated petitioner as the owner of the residences and treated certain payments to the RSC as capital rather than ordinary income items. However, it is not clear from the briefs or record how respondent computed the adjustment to petitioner's taxable income and which relocation expenses were disallowed. Because of our conclusion that petitioner is not the owner of the residences in either substance or form, it is unnecessary for us to analyze that aspect of the adjustment.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011