- 2 - After concessions,2 the issue for decision is whether petitioner is entitled to nonrecognition of gain from the sale of property located at 1276 Beverly Green Drive, Beverly Hills, California (the California residence) under section 1034(a).3 FINDINGS OF FACT The parties submitted this case fully stipulated pursuant to Rule 122, and the stipulated facts are so found. The stipulation of settled issues, the stipulation of facts, the first supplemental stipulation of facts, and the attached exhibits are incorporated herein by this reference. Petitioner resided in Haifa, Israel, at the time she filed her petition. On January 20, 1989, petitioner sold the California residence. At the time of the sale, the California residence was petitioner's principal residence within the meaning of section 1034(a). Petitioner realized a gain on the sale of the California residence in the amount of $409,199. 1(...continued) the Tax Court Rules of Practice and Procedure. 2 Respondent concedes that petitioner is not liable for the addition to tax pursuant to sec. 6651(a)(1) and the penalty pursuant to sec. 6662(a). 3 In the petition, petitioner argued that respondent is barred by the expiration of the statutory period of limitations from assessing the deficiency for 1989. Petitioner did not address this issue on brief; therefore, we find that petitioner abandoned this issue. Petzoldt v. Commissioner, 92 T.C. 661, 683 (1989). Furthermore, it is clear from the facts of this case that the period of limitations was open when respondent issued the statutory notice of deficiency.Page: Previous 1 2 3 4 5 6 Next
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