Terence M. Bennett - Page 23

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            proceeds from the sale.  Furthermore, Fallah testified that he                              
            lacked any firsthand knowledge of any loan repayments by                                    
            petitioner.  When asked, for example, if he had any knowledge as                            
            to whether petitioner ever wired funds to any accounts controlled                           
            by the Ben-Jabr family in repayment of the purported loan, Fallah                           
            testified:  "It was done during the life of my dad and he was the                           
            person responsible for it.  * * *  My dad was alive when some                               
            things were happening and that is all I know."                                              
                  Having found that petitioner owned the automobiles in issue,                          
            we must now consider petitioner's alternative argument that                                 
            respondent erroneously computed the cost bases of three of the                              
            automobiles when calculating petitioner's gain.  In particular,                             
            petitioner argues that his cost bases in the 1932 Mayback                                   
            Zepplin, Serial No. 1388, and Lagonda LG-45 Repead, Serial No.                              
            12226, were $450,000 and $80,000, respectively.  In the notice of                           
            deficiency, respondent determined a zero basis for each                                     
            automobile, because petitioner had failed to provide                                        
            documentation of his actual cost.  In addition, petitioner                                  
            contends that he had a $335,000 basis in the 1936 500K Mercedes                             
            Roadster, Serial No. 130857.  Respondent determined that                                    
            petitioner's cost basis in this automobile was $100,000, based on                           
            information provided from the seller.                                                       
                  Section 1012 provides that a taxpayer generally has a basis                           
            in property equal to its cost.  Petitioner bears the burden of                              
            demonstrating that he is entitled to a basis in the automobiles                             




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