- 8 - Petitioner initiated this case by filing an imperfect petition. In his first amended petition, petitioner alleged the following facts as the basis for his case: a. The Petitioner is married and has two children. a. The Petitioner's labor is his property. b. As part of his life he receives his labor as a day to day gift from his Creator. c. The Property was received by him after December 31, 1920. d. The Petitioner's Creator is the original owner of this property and his Creator did not receive the property as a gift before giving it to the Petitioner. e. The Secretary of the Treasury of the United States, or his authorized delegate, either failed to determine the basis (cost) in the Petitioner's labor, as required by Internal Revenue Code (IRC), � 1015(a), or was unable to determine the basis (cost) that the Petitioner's Creator has in the gift of the labor [sic] was given to the Petitioner. f. The Petitioner has been unable to discover the basis (cost) his Creator had in the labor at the time it was given to the Petitioner as a gift. g. Because he failed or was unable to determine the basis (cost) the Petitioner's Creator had in the labor that was given to the Petitioner as a gift, the Secretary was required to proceed as if the basis (cost) in the labor is the "FAIR MARKET VALUE" of the property (labor) based upon the best information available to him. h. The only information that was available to the Secretary to determine the basis (cost) the Petitioner had in his labor would be the amount he received for the labor he sold. i. The Petitioner sold his labor under contract. The basis (cost) in labor when sold under contract is the same for all property sold under contract, which is the amount paid in accordance with the terms of thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011