Thomas A. and Maria M. Hagman - Page 11




                                        - 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