Lucila Novoa - Page 21

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               Because petitioner has shown that she is entitled to a pro             
          rata amortization deduction for her payment of points, but has              
          not shown the amount of such deduction, we are permitted to                 
          estimate the amount under the rule of Cohan v. Commissioner,                
          supra.  The Court in Cohan directed the Board of Tax Appeals to             
          estimate expenses "bearing heavily if it chooses upon the                   
          taxpayer whose inexactitude is of his own making.”  We therefore            
          conservatively estimate that the term of petitioner's mortgage              
          loan is 30 years, and allow her a deduction for the amortization            
          of her payment of points attributable to the rental portion of              
          the house, in the amount of $32.14  Respondent's adjustment to              
          petitioner's rent income is sustained to the extent of $6,134, an           
          amount equal to respondent's original adjustment of $6,166, less            
          the $32 deduction allowed for the amortization of the payment of            
          points.                                                                     
          C.   Gain Recognized on Sale of Truck                                       
               Section 1001 provides that gain from the sale of property              
          equals the excess of the amount realized from the sale over the             
          adjusted basis in the property sold.  Generally, the adjusted               
          basis of property equals its original cost, increased by                    
          expenditures properly chargeable to capital account, and                    



               14 The amount of the deduction is computed by dividing                 
          $1,250 by 30, then multiplying such product by 276/365 because              
          petitioner purchased the home and acquired the related                      
          indebtedness on Mar. 30, 1993.                                              



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