- 5 - the Property. Petitioner supplied the C.P.A. with all relevant information to prepare petitioner's return, and petitioner relied on the C.P.A. to report the sale of the Property correctly. The C.P.A. advised petitioner that he was entitled to claim an ordinary loss on his sale of the Property. Petitioner's 1992 Schedule C was the first Schedule C that petitioner had filed with respect to the Property. On his 1990 income tax return, petitioner deducted the Property's real estate taxes on Schedule A, Itemized Deductions. The notice of deficiency states that petitioner's $71,504 loss was a long-term capital loss. OPINION We must decide whether the Property was a capital asset in petitioner's hands. A "capital asset" includes all property held by a taxpayer, with certain exceptions. The parties focus on one of these exceptions, namely, "property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business". Sec. 1221(1). If the Property is within this exception, petitioner's $71,504 loss is deductible in full. See sec. 165(a), (c)(1). If the Property is not within this exception, petitioner's recognizable loss for 1992 with respect to the Property (and other capital assets) is allowable only to the extent of any gains from the sale or exchange of capital assets plus (if the capital loss exceeds gains) the lesser ofPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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