- 5 - sale of the five units in the amount of $111,568, and respondent adjusted petitioner's gross income accordingly because petitioner had failed to establish that he was entitled to gain deferral on the basis of an involuntary conversion of the five units. After making a negative adjustment for an operating loss carryover, respondent increased petitioner's taxable income by $99,656. As a threshold matter, we must determine the amount of gain realized on the sale of the five units and, in turn, the adjustments to petitioner's gross and taxable income that are in issue. Section 1001(a) provides, in part, that “gain from the sale or other disposition of property shall be the excess of the amount realized therefrom over the adjusted basis”. Although, initially, the parties may have disputed the cost of the five units, it appears that the parties are now in agreement that petitioner paid a total of $228,067 for the five units, which amount constitutes petitioner's cost basis in the units. The parties also agree on the adjustments to petitioner's basis in the five units: (1) capital expenditures of $3,266 and (2) depreciation on buildings and personal properties of $129,483. Therefore, the parties agree that petitioner's adjusted basis in the five units is $101,850 ($101,850 = $228,067 + $3,266 - $129,483). The parties, however, disagree on the amount realized by petitioner from the sale of the five units. Petitioner reportsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011