-44- Fair market value of properties $1,075,000.00 Less: Basis in notes 130,000.00 Mortgages assumed: Martis Landing 135,990.00 Saddle Rock Hawthorne loan 464,300.37 Topa loan 1203,610.12 Delinquent taxes paid: Martis Landing 4,191.02 Saddle Rock 8,203.72 Mortgage payments: Martis Landing 2,547.38 Saddle Rock Topa loan 28,529.53 Mission Viejo National Bank 20,000.00 Martis Landing selling expenses 13,958.00 Gain reported on sale of Martis Landing 10,312.00 2$ 53,357.86 1Respondent's initial calculation used $184,794.94 as the amount of the Topa loan. The parties have stipulated that the amount of the loan is $203,610.12. 2 Respondent has conceded the difference between the $74,321 she determined in the notice of deficiency and the $72,173.04, as she calculated using $184,794.94 as the amount of the Topa loan. We adjust the concession to reflect the stipulated amount of the Topa loan set out above. Petitioners' contention regarding respondent's calculation is that respondent has not proven the fair market values of the properties. Respondent bases the value of the properties on subsequent sales contracts. On October 29, 1991, Martis Landing was sold for $225,000. On January 1, 1992, petitioners signed an agreement to sell Saddle Rock for $850,000. Petitioners have not claimed that these sales were anything other than arm's length nor have they provided any evidence that the fair market values of the properties on June 19, 1991, were substantially differentPage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
Last modified: May 25, 2011