Sooren Hovhannissian and Estate of Mary Hovhannissian, Deceased, Sooren Hovhannissian, Executor - Page 2

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                                                 Addition to tax   Penalty            
            Year   Petitioner(s)1   Deficiency    Sec. 6651(a)    Sec. 6662           
            1989   SH                $7,963          $1,472        $1,593             
            1989   MH                16,656           ---          3,331              
            1990   SH & MH           129,181          ---          25,836             
               1 Petitioners are: (1) SH--Sooren Hovhannissian; (2) MH--              
          Estate of Mary Hovhannissian, Deceased, Sooren Hovhannissian,               
          Executor; and (3) SH & MH--Sooren Hovhannissian and Estate of               
          Mary Hovhannissian, Deceased, Sooren Hovhannissian, Executor.               
               After concessions by both parties,1 we first address whether           
          petitioner Sooren Hovhannissian (petitioner) is required to                 
          include in his 1990 gross income, as gain under section 1038(b),2           
          $383,288, the portion of the cash he received on an installment             
          sale of real property in 1988 that he had not previously reported           
          as gain.  We hold that section 1038 governs petitioner’s                    
          reacquisition in 1990 of the property upon the buyer’s default on           
          the installment note secured by the property; petitioner must               
          include $383,288 as gain in his 1990 gross income.  We also hold            
          that petitioner is not entitled to claim a section 165 loss in              
          1990 on his reacquisition of the property.  As a result,                    


               1 Petitioner conceded the addition to tax, and respondent              
          conceded the penalties.  Petitioners argued on brief that they              
          have conceded only $3,120 of their claim for car and truck                  
          expenses for taxable year 1990.  However, the parties’                      
          stipulation clearly states that petitioners conceded $4,449 of              
          those claimed deductions.                                                   
               2 All section references are to the Internal Revenue Code in           
          effect for the years in issue, and all Rule references are to the           
          Tax Court Rules of Practice and Procedure, unless otherwise                 
          indicated.                                                                  




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