Beverly Gordon - Page 38

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          the sale of the Roslyn residence on November 21, 1986, and they             
          purchased the Lincoln Plaza residence on November 9, 1988.  We              
          note initially that the Gordons could have used Mr. Gordon's 1986           
          net trading loss to offset the long-term capital gain that they             
          realized from the sale of their Roslyn residence, regardless                
          whether that loss was characterized as a capital, or an ordinary,           
          loss.  Moreover, although the Gordons did not offset the gain               
          from the sale of the Roslyn residence by Mr. Gordon's 1986 net              
          trading loss, they did not have any additional tax liability for            
          1986 resulting from that gain.  Indeed, the Gordons indicated in            
          the Form 2119 included as part of their 1986 return that they               
          planned to replace the Roslyn residence within the "replacement             
          period".  Consequently, they did not include any portion of that            
          gain in the income reported in that return.  In addition, the               
          Gordons indicated in the amended Form 2119 included as part of              
          their amended 1986 return that they had replaced the Roslyn                 
          residence, included in the income that they reported in that                
          return a capital gain of $29,391 from the sale of that residence,           
          and claimed a net operating loss deduction of $35,065 that was              
          attributable to an alleged net operating loss carryover from                
          1985.                                                                       
               Moreover, we do not believe that Mr. Gordon relied on the              
          IRS revenue agent's oral statement to him in October 1988 and the           
          IRS' issuance of the no-change letter in May 1989 in choosing to            






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