-2- defer recognition of gain from the sale of their former principal residence under section 1034(a) when title to their new residence was acquired by the parents of petitioner James De Ocampo, and (2) whether petitioners are liable for an accuracy-related penalty under section 6662(a). All section references are to the Internal Revenue Code for the year under consideration. All Rule references are to the Tax Court Rules of Practice and Procedure. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. Petitioners, husband and wife, resided in Livermore, California, at the time they filed their petition. They filed a joint Federal income tax return for 1989, the year under consideration. The return shows Mr. De Ocampo's occupation as a lithographer, and Mrs. De Ocampo as self-employed, having a printing business. Their total combined income for 1989 was $26,780. On October 14, 1989, petitioners signed a deposit-receipt and purchase contract for the purchase of their current residence at 1007 Montclair Court in Livermore (Montclair property) for $300,000. At the time, petitioners resided at 5017 Curtis Street in Freemont, California (Curtis property). After they signed the contract, petitioners encountered credit and financial problems inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011