- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011