18 D. Whether Petitioner Failed To Report Capital Gains in 1992 Petitioner reported capital gains totaling $11,965 on Schedule D of his 1992 return. Respondent determined that petitioner had capital gains of $30,760 for 1992. 1. Walden Agreement Petitioner testified that he had an oral agreement with Floyd A. Walden (Walden), who he described as a retired bank manager and a stock market expert, under which 50 percent of his capital gain was income to and reportable by Walden. Petitioner did not offer any documentary evidence that he had an agreement with Walden, or evidence that Walden reported any of his alleged share of the gain in 1992. Walden did not testify. Petitioner did not establish that any of the $30,760 of capital gain was taxable to Walden. We sustain respondent's determination. 2. Brentwood Apartments Petitioner bought the Brentwood Apartments around 1990 for $80,000. He took $4,000 of depreciation per year for 2 years. Petitioner sold the Brentwood property in 1992 for $190,000. Respondent determined that petitioner failed to report gain of $122,000 [$190,000 - ($80,000 - $12,000)] (3 years of depreciation).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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