Donna M. Neighbors - Page 4

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          petitioner's gain should take into account the legal expenses of            
          $1,349, and that petitioner's gain is $92,388.                              
                                     Discussion                                       
               Petitioner argues that she had a gain of $29,402 on the                
          sale.  Petitioner cites no case law to support her argument, but            
          relies mainly on her interpretation of selected provisions of the           
          Internal Revenue and Bankruptcy Codes.  The gist of petitioner's            
          argument is that the amount of the Note is not included in the              
          amount realized on the sale because she was discharged from                 
          liability on it.  Petitioner does not explain the computation of            
          her proffered $29,402 gain, but we surmise it represents the sum            
          of the following items:  (1) Legal fees of $1,349, (2) settlement           
          proceeds of $18,651 received by petitioner at settlement, and               
          (3) $9,402 that was paid at settlement to discharge a Federal tax           
          lien on the residence.  Petitioner does not explain the $16,035             
          difference between the $131,737 selling price and the $115,702              
          amount that we derive from adding petitioner's proffered gain of            
          $29,402 to the $86,300 that was paid at settlement in order to              
          satisfy the Note.                                                           
               We reject petitioner's argument.  Petitioner does not                  
          dispute the fact that her gross income for 1991 includes her gain           
          on the sale, see sec. 61(a)(3), or that her gain must be                    
          recognized in 1991, see sec. 1001(c).  Nor does she dispute the             
          fact that her gain is computed by subtracting her adjusted basis            
          in the residence from the amount realized on its sale.  See sec.            



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