- 13 - rather, were incorrectly reported as $14,067 in rental income in petitioners' amended tax return.14 In general, section 61(a)(3) requires gains derived from the sale of property to be included in gross income. Petitioners failed to prove that they reported the $11,667 by incorrectly including it in the $14,067 reported as rental income on their amended return. Other than Mr. King's testimony that he made a mistake, petitioners offered no evidence or explanation for the difference in the amount realized from the newsstand sale during 1994 and the amount included under rental income. Petitioners offered no evidence that they had a basis in the newsstand other than zero. Therefore, we uphold respondent's determination that petitioners had additional gross income of $11,667.15 Petitioners stipulated that they received $160 of interest income from Mellon Bank and $67 of interest income from PNC Bank during the taxable year 1994. Since these amounts were not reported on their 1994 amended return, we sustain respondent's adjustment increasing petitioners' income by these amounts. 14Petitioners did not report any rental income in their original income tax return. 15Petitioners do not argue, nor do they provide sufficient facts to establish, that the gain on the sale of the newsstand qualifies for capital gain treatment, or that the gain would not be subject to recapture under sec. 1245 or 1250.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011