Evelynn S. Stilz - Page 2




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               After concessions, the remaining issue for decision is                 
          whether petitioner's gain from the sale of her residence in 1991            
          must be included in her taxable income for that year.                       
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  Petitioner resided in               
          Lexington, Kentucky, when the petition was filed.                           
               Petitioner was divorced in February 1986.  Before the                  
          divorce, petitioner and her husband were joint owners of a house            
          located at 500 Clinton Road, Lexington, Kentucky (the house).               
          Pursuant to the divorce decree and property agreement,                      
          petitioner's ex-husband was required to convey his interest in              
          the house to petitioner.                                                    
               Petitioner timely filed a 1991 Federal income tax return.              
          The 1991 return includes Form 2119, Sale of Your Home, which                
          discloses that petitioner sold the house on July 2, 1991.  The              
          Form 2119 reports the amount realized on the sale as $197,142,              
          the basis as $127,831, and the gain on sale as $69,311.                     
          Petitioner indicated on her Form 2119 that she intended to                  
          replace her house within the replacement period provided by                 
          section 1034(a).1  Section 1034(a) provided, in general, for the            


               1Unless otherwise indicated, all section references are to             
                                                             (continued...)           




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