Sharon Yakira - Page 2

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               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.                                         




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