- 38 - 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 toPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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