Evelynn S. Stilz - Page 5




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          ex-husband and the cost of improvements are not in dispute, and             
          it is clear that after the divorce petitioner had acquired all              
          the cost basis in the property.                                             
               The total cost basis, which was reported on petitioner's               
          1991 income tax return, is the correct amount to be used to                 
          compute petitioner's gain.  See Godlewski v. Commissioner, 90               
          T.C. 200 (1988).                                                            
               To properly account for the concessions, a recomputation of            
          petitioner's tax deficiencies will be necessary, and                        

                                                  Decision will be entered            
                                             under Rule 155.                          











               3(...continued)                                                        
                    shall be the adjusted basis of the transferor.                    
                    (c) Incident to Divorce.--For purposes of subsection              
               (a)(2), a transfer of property is incident to the divorce if           
               such transfer--                                                        
                         (1) occurs within 1 year after the date on which             
                    the marriage ceases, or                                           
                         (2) is related to the cessation of the marriage.             





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