- 18 - that petitioners did not identify the Pleasant Hill or Skyland properties as replacement property within the time period required by section 1031(a)(3)(A). Accordingly, the gain realized from the sale of the Antioch property is recognizable. In the notices of deficiency, respondent determined the gain realized on the sale of the Antioch property without regard to petitioners' basis in the property. Section 1001 provides that the gain from the sale of property is the excess of the amount realized over the adjusted basis. The adjusted basis of property is its basis (cost) as determined under section 1011 and as adjusted by section 1016. Sec. 1012. The basis is adjusted for the costs of improvements and betterments made to the property. Sec. 1016(a)(1); sec. 1.1016-2(a), Income Tax Regs. Petitioners paid $300,000 for 137 acres of the Antioch property and sold 117 acres of the property in the transaction at issue in this case. Petitioners' original basis in the 117 acres, based on the $300,000 purchase price, is $256,204, as conceded by respondent. Petitioners also expended approximately $30,000 in engineering and consulting costs to improve the 137 acres of the Antioch property. We find that petitioners' basis in the 117 acres of the Antioch property is $281,825, and their gain realized is $3,687,175 ($3,969,000-$281,825). Installment Method Petitioners argue that they are entitled to report any gain that they must recognize from the sale of the Antioch property inPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011