- 8 - that unspecified amounts owed to Great Bank constitute settlement charges that properly reduce the amount realized from the sale of the five units; indeed, petitioner has not produced any evidence on that issue. In sum, we find that the sale of the five units produced settlement proceeds of $210,500 and settlement charges of $2,479. Therefore, the amount realized by petitioner on the sale of the five units is $205,114, and the gain realized is $103,264. The adjustment to petitioner's gross income that is in issue is $103,264, and, after making a negative adjustment for the undisputed operating loss carryover, $91,352 is the adjustment to petitioner's taxable income that is in issue. Those calculations are as follows: Purchase price $228,067 Settlement proceeds $210,500 Capital expenditures 3,266 Legal costs (2,907) Depreciation (129,483) Settlement charges (2,479) Adjusted basis 101,850 Amount realized 205,114 Amount realized $205,114 Less adjusted basis (101,850) Equals gain realized 103,264 Adjustment to gross income in issue 103,264 Operating loss carryover (11,912) 2(...continued) Commissioner, 488 F.2d 270 (9th Cir. 1973), revg. 57 T.C. 524 (1972). We believe, however, that we need not address whether selling expenses properly reduce amount realized or increase adjusted basis because, under either approach, the gain realized by petitioner in the present case would be the same amount. Since the parties agree on the figure for petitioner's adjusted basis in the five units, we shall, purely for convenience, not disturb that figure and adjust the amount realized for the expenses incurred on the sale of the five units.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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