- 11 - OPINION Petitioners’ 1988 return reflected a $36,000 profit from the sale of one of the buildings owned by the Schara-Hagman partnership. At trial, petitioners argued that they had estimated the amount of profit from the sale when they filed their 1988 return and that ultimately no profit was ever realized from the sale of the building. In addition, petitioners claim that they made approximately $25,000 in capital improvements to the building at issue, which were never taken into account in calculating the amount of gain on their 1988 return. Petitioners claim that they made the capital improvements by paying workers in cash. Respondent contends that petitioners have failed to demonstrate how their 1988 return overstated their capital gain. We agree with respondent. Petitioners have not provided sufficient information to support a change to the $36,000 capital gain reported for 1988. Petitioners have not provided calculations showing that these alleged capital improvements were not already taken into account. In fact, there was no showing as to how petitioners computed their 1988 capital gains. Petitioners have not shown the adjusted basis of the building or the proceeds received from the sale. We also question why petitioners found it necessary to estimate the amount of profit from the sale of the building when they did not file their 1988 return until February 3, 1993. Petitioners have failed to establish that their 1988 return was inaccurate with respect to their capital gains. See Rule 142(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011