- 5 - 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, 245-246Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011