Lola Cowan - Page 5

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            recognition of gain or loss on the sale or exchange of property.                             
            The amount of gain recognized is the excess of the amount realized                           
            over  the  property's  adjusted  basis.  Sec.  1001(a).  Due  to                             
            petitioner's failure to present any evidence, we are unable to                               
            determine her basis in the 196th Pl. property.  Petitioner must                              
            bear the consequences flowing from her decision not to properly                              
            prosecute her case.  Accordingly, the amount of gain recognized                              
            from the sale of the 196th Pl. property is the entire amount                                 
            realized; that is, the $76,750 sale proceeds.  (While we recognize                           
            that Washington is a community property State, the record does not                           
            reflect whether the 196th Pl. property is petitioner's separate                              
            property  or  community  property  or  whether  the  $76,750  is                             
            petitioner's share of community property or the entire amount of                             
            the sale proceeds.)                                                                          
                  We hold that petitioner received taxable wages, dividends, and                         
            gains derived from dealings in property in 1990 as determined by                             
            respondent. Accordingly, we sustain respondent's deficiency                                  
            determination.                                                                               
            Issue 2.  Section 6651(a) Addition to Tax                                                    
                  Respondent determined an addition to tax pursuant to section                           
            6651(a) for petitioner's 1990 taxable year.  Petitioner can avoid                            
            this addition to tax by proving that her failure to file was:  (1)                           
            Due to reasonable cause, and (2) not due to willful neglect.  Sec.                           
            6651(a); Rule 142(a); United States v. Boyle, 469 U.S. 241, 245-246                          





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