- 5 - defense and not a bar to jurisdiction. See Rule 39. We will deny petitioners' motion. We turn to the substantive issues, on all of which petitioners bear the burden of proof. See Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Section 61(a) provides that gross income includes income from whatever source derived, including gains derived from dealings in property. See sec. 61(a)(3). The gain from the sale of property is the excess of the amount realized over the taxpayer's adjusted basis in the property. See sec. 1001(a). Generally, the adjusted basis in property is its cost, see sec. 1012, and the expenses of the sale reduce its sale price, see, e.g., Southern Pac. Transp. Co. v. Commissioner, 75 T.C. 497, 586 n.86 (1980) (and the cases cited therein); see also Lanrao, Inc. v. United States, 422 F.2d 481 (6th Cir. 1970). Petitioners' amount realized from the sale of the lots was $27,792 ($28,000 - $208), and their adjusted basis in the lots was $4,900. Petitioners, therefore, realized a $22,892 gain on the sale, which must be recognized as a capital gain. We sustain respondent's determination on this issue to the extent of $22,892. Respondent's argument that petitioners' adjusted basis in the property was $2 is without merit. Petitioner established through documentary and testimonial evidence that he paid $4,900 for the lots, and the language in the deeds that thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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