- 21 - a dollar is what Congress says it is, without regard to intrinsic value or lack thereof"), affd. without published opinion 578 F.2d 1383 (8th Cir. 1978); Notter v. Commissioner, T.C. Memo. 1982-96. Accordingly, we dismiss petitioners' argument with regard to the effect of inflation. Finally, petitioners argue that because section 1034 does not apply to losses, there is "disparate treatment" between homeowners and businesses. We recognize that because a residence is, by definition, for personal use, a loss incurred on its sale is not deductible. See secs. 165, 262. However, a loss is recognizable on the sale of a home if it was converted to rental property prior to its sale. See sec. 165(c). Although petitioners' nominal gain may or may not equal their real gain in an economic sense, neither the Constitution nor tax laws "embody perfect economic theory". See Weiss v. Wiener, 279 U.S. 333, 335 (1929). d. Conclusion On the basis of the foregoing analysis, we hold that the gain realized from the sale of petitioners' Mequon residence is taxable in 1993. Moreover, respondent's computation of gain is sustained. Issue 2. Section 6662(a) Accuracy-Related Penalty The second issue is whether petitioners are liable for the section 6662(a) accuracy-related penalty for negligence. Section 6662 imposes an accuracy-related penalty for negligence andPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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