Dennis C. Gandy - Page 52

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          Capital Gains From Lake House                                               
               Sections 1001 and 61 require a taxpayer to recognize gain on           
          the disposition of property.  The gain is the excess of the                 
          amount realized over the adjusted basis.  Sec. 1001(a).  Adjusted           
          basis is the basis, or cost, of the property subject to certain             
          adjustments not pertinent here.  Secs. 1001, 1012.                          
               Petitioners paid $99,027.67 to redeem the lake house from              
          foreclosure.  Petitioners have not proven any additional basis in           
          the property.  They received $125,000 in insurance proceeds and             
          sold the property for $31,000.  They paid $2,637.89 in closing              
          costs.  The amount realized was $153,362.11 ($125,000 plus                  
          $31,000 less $2,637.89).  Petitioners' gain was thus $54,334.44             
          ($153,362.11 less $99,027.67).  Petitioners reported gain of                
          $10,000.  In the notice of deficiency, respondent increased                 
          petitioners' income by $13,062.  The adjustment for the gain on             
          lake house will be sustained as to this amount.                             
          Net Operating Losses                                                        
               Petitioners contend that they are entitled to a net                    
          operating loss carried forward to 1985 from 1983 and 1984.                  
          Petitioners presented no evidence concerning the net operating              
          losses.  They rely solely on a schedule attached to their return            
          as filed and an assertion that an audit of their return for 1984            
          resulted in no change.  The loss claimed apparently related back            
          to 1981 and 1982, years for which there was no evidence at all.             





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