Paul Trans and Thuy Bich Dang - Page 8




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          property to Haq.7  Petitioners observe that these irregularities            
          are not satisfactorily explained by evidence in the record.  Such           
          irregularities, however, are peculiarly within petitioners’                 
          province to explain, and they have failed to do so.  Accordingly,           
          we hold that petitioners sold the Danville property to Haq in               
          1992 and must include in taxable income capital gain realized               
          with respect to this sale.                                                  
               On reply brief, petitioners indicate that, in the event this           
          Court concludes that they sold the Danville property in 1992,               
          their only disagreement with respondent’s calculation of the                
          amount of capital gain is with respect to their basis in the                
          Danville property.  They argue that the basis as allowed by                 
          respondent should be increased by $641 to reflect amounts                   
          expended for concrete for improvements at the Danville property.            
          On this point, we agree with petitioners.  We find that                     
          petitioners have adequately substantiated the $641 cost of                  
          concrete, and we hold that this amount is properly includable in            
          the basis of the Danville property for purposes of calculating              



               7 Petitioners make much of the fact that the grant deed                
          indicates a documentary transfer tax of only $68.20, which they             
          contend would reflect value transferred of $62,000.  We note,               
          however, that the grant deed on its face indicates that the                 
          transfer tax was computed on the basis of consideration received            
          less liens or encumbrances at the time of sale.  The evidence               
          shows that the sales price of the Danville property was $400,000,           
          and that petitioners’ mortgage on the Danville property, in the             
          principal amount of $338,000, remained in place after the                   
          transfer to Haq.  Accordingly, we find no irregularity with this            
          particular circumstance; indeed, it tends to bolster respondent’s           
          position.                                                                   

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