- 4 - and waste water. By the end of 1986, petitioner had replaced the front bumper, repainted the body, added a furnace, and completed the bathroom and the kitchen, including cabinets. Petitioners placed the bus in service as a business vehicle in 1985. Petitioners reported that they made improvements totaling $2,099 in 1985 and $2,883 in 1986. Petitioners claimed deductions totaling $18,517 between 1985 and 1989 for depreciation, including a $2,099 deduction in 1985 pursuant to section 179. In December 1990, the bus was destroyed by fire. In early 1991, petitioners received $58,475 from their insurance provider for the replacement value of the converted bus. Rather than repeat the conversion process on a different bus, petitioners used the insurance proceeds to buy land. Petitioners filed their 1991 tax return on January 26, 1993. Petitioners did not request an extension of time to file their income tax return for the year in issue. Petitioners never reported any gain or loss from the disposition of the bus. OPINION Issue 1. Whether Petitioners Realized Capital Gain Respondent determined that petitioners' adjusted basis in the bus was $824, and that petitioners realized $18,517 of section 1245 gain and $39,134 of capital gain from its disposition. Petitioners concede the section 1245 gain; however,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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