Ron L. and Gayle R. Stevenson - Page 5




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          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 the                        





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