- 21 - 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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