Richard L. Matz and Linda A. Matz, Deceased, Richard Lee Matz, Jr., Independent Executor - Page 10

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            Issue 3.  1987 Properties                                                                   
                  Respondent determined that the losses petitioners sustained                           
            in 1987 for the McCandless, Killingsworth, Webb, and Bordelon                               
            properties in the amounts of $90,626, $179,765, $72,069 and                                 
            $689,703, respectively, were long-term capital losses.                                      
            Petitioners assert that these amounts are ordinary losses.5                                 
                  During 1984, petitioner acquired his interest in each of the                          
            1987 properties.  Each of these properties was located in the                               
            area surrounding Austin, Texas.  Each of these properties was                               
            foreclosed in 1987.                                                                         
                  Petitioners reported the losses sustained on each of the                              
            1987 properties as ordinary on their 1987 Federal income tax                                
            return.  Respondent determined that these losses were capital                               
            losses because the 1987 properties were not held by petitioner                              
            for sale to customers in the ordinary course of a trade or                                  
            business.  Petitioners assert that petitioner was in the trade or                           
            business of acquiring, developing, and selling real estate for                              
            profit, and that each of these properties was held by petitioner                            
            for sale to customers in the ordinary course of this trade or                               
            business.  We agree with respondent.                                                        




                  5     In addition, petitioners sustained a loss of $36,274 in                         
            1987 on a parcel of real property known as 3-Corners Ranch.                                 
            Petitioners concede that the loss incurred on 3-Corners Ranch is                            
            a capital loss.                                                                             




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