- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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