Gary B. and Kathleen Mitchell - Page 2

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            Court with computations for entry of decision under Rule 155.1                              
            Differing computations were proffered, and we consider here which                           
            computation is correct.  In our earlier opinion, we held that                               
            petitioners, under section 1034, were entitled to roll over a                               
            portion of the gain on the sale of their residence.  We also                                
            specifically held that petitioners were not entitled to roll over                           
            $112,470 of improvements that were not commenced prior to the 2-                            
            year replacement deadline.  Respondent’s computation is based on                            
            the premise that the $112,470 was included in petitioners’                                  
            original reporting of this transaction and that its elimination                             
            would therefore increase any income and any resulting deficiency.                           
            Petitioners, conversely, contend that respondent’s premise is                               
            incorrect.                                                                                  
                  The difference in the parties’ computations arises from                               
            petitioners’ contention that the record does not expressly show                             
            that petitioners had included the $112,470 in their attempt to                              
            defer gain under section 1034 in the questioned transaction.                                
            Petitioners further contend that respondent, who bore the burden                            
            of proof on that aspect of the case, did not introduce evidence                             
            expressly showing that the improvements proven at trial were ever                           
            included in the replacement cost petitioners reflected on their                             
            return.  Respondent asserts that petitioners’ argument is not a                             

                  1 Rule references are to the Tax Court Rules of Practice and                          
            Procedure, and section references are to the Internal Revenue                               
            Code in effect for the years in issue.                                                      




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