- 6 - (original return) was submitted in January 1996. On the original return, petitioners attempted to elect 5-year averaging and capital gains treatment. On the original return, petitioners reported a gross distribution of $25,313, indicating that $9,202 was the taxable amount and $3,324 was capital gain. Petitioners submitted an amended return for 1990 (first amended return) in February 1996, on which petitioners did not elect 5-year averaging or capital gains treatment. On the first amended return, petitioners reported a gross distribution of $25,313, indicating that $9,202 was the taxable amount. Petitioners submitted another amended return for 1990 (second amended return) in March 1996, on which petitioners attempted to elect 5-year averaging and capital gains treatment. On the second amended return, petitioners reported a gross distribution of $16,203, indicating that $12,706 was the taxable amount and $3,437 was capital gain.1 Issue 2. Capital or Ordinary Loss On January 24, 1988, petitioners purchased a 25-percent timeshare interest in each of two condominium units (the timeshares) in B'Mae's Resort in Gilford, New Hampshire, a ski and lake resort area. The timeshares were purchased for a total of $89,700. During tax years 1988 and 1989, petitioners had 1 We note that $12,706 plus $3,437 equals $16,143, not $16,203.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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