Miguel Espinoza and Mariaclariza Montoya - Page 4




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          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,           





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