- 2 - the sale of his personal residence. We hold it does. Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the relevant year. Rule references are to the Tax Court Rules of Practice and Procedure. Dollar amounts have been rounded to the nearest dollar. Background All of the facts have been stipulated and are so found. These facts and the exhibits submitted therewith are incorporated herein by this reference. Petitioner resided in Mission Viejo, California, when he petitioned the Court. He filed a 1992 Form 1040, U.S. Individual Income Tax Return, using the filing status of "Single". He reported on that return that his 1992 gross income was $10,009, and that his 1992 taxable income was zero. On October 20, 1992, petitioner sold his residence located at 168 Salisbury Avenue, Goleta, California (Goleta Property), for $195,000. He received net proceeds of $85,113 at the closing, and he realized a $114,449 gain on the sale. He reported his gain on a 1992 Form 2119, Sale of Your Home. This form stated that petitioner had not yet purchased a replacement property, but that petitioner intended to do so within the replacement period. On November 2, 1992, petitioner presented his son Rueben Moreno with a check for $82,113. Twenty-nine days later, Rueben Moreno purchased property located at 28 Tamarac Place, Mission Viejo, California (Tamarac Property), for $157,000. Rueben MorenoPage: Previous 1 2 3 4 5 6 7 Next
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