James B. and Joan E. Murtaugh - Page 6

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          (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.                                                                    




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