- 3 - Mrs. Kirst purchased the Newport Beach property in 1981 by assuming the former owner's existing mortgage (the Newport Beach mortgage). In April 1990, the principal balance remaining on that mortgage was $225,566.36. On April 27, 1990, Mr. Kirst sold the Sepulveda property for $235,000 (the Sepulveda proceeds). He realized a gain of $81,968 on this sale. Sometime thereafter, Mr. Kirst transferred $120,000 of the Sepulveda proceeds to petitioners' joint bank account (the joint account). Mrs. Kirst withdrew at least $20,000 from this account for personal and business reasons. She also withdrew $40,000 from the joint account in order to pay a personal debt. Prior to petitioners' marriage, Mr. Kirst maintained a checking account at a local bank. This account became the couple's joint checking account (the couple's joint checking account) after their marriage. Since May 1990, petitioners paid the mortgage on the Newport Beach property with checks drawn against the couple's joint checking account. Using Form 2119, petitioners deferred recognition of the gain realized from the sale of the Sepulveda property. They attached this form to their timely filed 1990 return and indicated thereon that Mr. Kirst had not purchased a replacement property but that he intended to do so within the applicable replacement period.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011