- 8 - determined that petitioners had a $29,9041 unreported capital gain. However, respondent failed to give petitioners basis credit in determining their capital gain on the sale of the stock. On brief, respondent conceded that petitioners had a basis in the stock fund of $29,214 and therefore are entitled to a $2,009 loss on the sale of the stock. Accordingly, respondent should have subtracted $31,913 from her $29,904 of determined unreported capital gain income. This adjustment will account for petitioners' $2,009 capital loss. However, as discussed above, respondent's Rule 155 computation erroneously decreases petitioners' capital gain by only $27,800. Accordingly, we sustain petitioners' Rule 155 computation for 1990. However, with respect to the Rule 155 computation for 1989, the parties shall make the necessary adjustments as discussed herein. To reflect the foregoing, An order will be issued for 1989 and 1990 directing the parties to resubmit their Rule 155 computations in accordance with the findings herein. 1 We note that the record is unclear as to the source of the additional $2,698 ($29,904 minus $27,206) of capital gain income.Page: Previous 1 2 3 4 5 6 7 8
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