Jeffrey M. Buske - Page 5

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          during 1992, 1993, 1994, and a portion of 1995 as a contract                
          electrical technician and that he was paid for that work during             
          those years; (2) that he owned certain rental property during               
          1992, 1993, 1994, and 1995 and that he received rent thereon                
          during those years; (3) that during 1993 he received $6,500 of              
          unemployment compensation; (4) that during 1993 he received a               
          dividend of approximately $40; and (5) that during 1995 he sold a           
          rental property that he and his father had purchased in 1983.               
          The record establishes that petitioner received income during the           
          years at issue, and we reject petitioner's position that respon-            
          dent's income determinations are arbitrary.  Nonetheless, we are            
          persuaded by the record before us that petitioner does not have             
          long-term capital gain and rental income for 1995 in the amounts            
          determined by respondent.                                                   
               With respect to respondent's determination that petitioner             
          has long-term capital gain for 1995 in the amount of $103,500,              
          respondent acknowledges that a Form 1099-S (Proceeds From Real              
          Estate Transactions) that was issued to petitioner's father, Owen           
          Buske, reflected the proceeds received during 1995 from the sale            
          of certain rental property and that, based on third-party infor-            
          mation, petitioner was co-owner of that rental property (co-owned           
          rental property).  However, because petitioner did not provide              
          respondent with information establishing the extent of his co-              
          ownership of, and his basis in, the co-owned rental property,               





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