- 52 - 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.Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011