Jerry and Patricia A. Dixon, et al - Page 23




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          documentation to support the Alexanders' reporting position for             
          the years 1974 through 1977.                                                
               On October 20, 1988, Mr. Alexander sent a letter to                    
          Mr. McWade enclosing copies of several documents purporting to              
          substantiate the Alexanders' position that they realized a loss             
          of $55,152.04 in 1975 on a sale of real estate to the Cadillac              
          Drive Apartments partnership, as opposed to the $59,080 capital             
          gain determined in the notice of deficiency.                                
               On December 8, 1988, Jean Samuels (Ms. Samuels), an Appeals            
          auditor in the Honolulu Appeals Office, sent a two-page                     
          memorandum to Mr. McWade addressing Mr. Alexander's October 20,             
          1988, letter.  Ms. Samuels recommended one adjustment to the                
          notice of deficiency for 1975 in the Alexanders' favor.                     
          Specifically, Ms. Samuels concluded that the Alexanders had                 
          substantiated a higher cost basis in the property that they sold            
          to the Cadillac Drive Apartments partnership than had been used             
          in the notice of deficiency.  Giving effect to this higher basis            
          would have reduced the Alexanders' capital gain on the sale by              
          $23,084.  Taking into account the corresponding adjustment to the           
          section 1202 deduction previously allowed in the notice of                  
          deficiency, Ms. Samuels recommended a net decrease of $11,542 to            
          the Alexanders' taxable income as determined in the notice of               
          deficiency.  However, Ms. Samuels referred to certain covenants             
          in an agreement of sale in the file before her, and cautioned               
          Mr. McWade that the consideration paid to the Alexanders on the             



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