-8- Petitioners reported gain from the sale of Malloy on their Form 4797, Sales of Business Property, attached to their 1988 return. They misreported the net proceeds they received from sale of the property, $37,531, as the "Gross sales price" and calculated their gain as follows: Gross sales price $37,531 Depreciation 12,333 Adjusted basis and expenses (44,554) Gain reported $ 5,310 The gain should have been calculated as follows: Gross sales price $104,500 Depreciation 18,333 Adjusted basis and expenses (52,254) Gain realized $ 70,579 Thus, petitioners underreported their income of the Malloy property by $65,269. At the time that he prepared petitioners' 1988 Federal tax return, petitioner knew that he was required to report the gross sales price, not the net proceeds, in computing the gain. He failed to report the gross sales price in order to defeat or avoid the payment of taxes known to be owing on petitioners' gain from the sale of Malloy. Exchange Properties On or about January 31, 1986, petitioners acquired for $205,000 an interest in certain property in Orange County, California, known as the Detroit properties. In February 1986, petitioners conveyed an undivided one-half interest in the Detroit properties to Boris and Natliya Landau (the Landaus) for no cash consideration.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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