William Joel Ashley - Page 2




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               All section references are to the Internal Revenue Code in             
          effect for the years in issue, and all Rule references are to the           
          Tax Court Rules of Practice and Procedure.                                  
               After concessions,1 the first set of issues for decision is            
          whether petitioner incurred a gain or a loss on the disposition             
          of residential real property and whether the gain or loss should            
          be treated as ordinary or capital.  Subsumed within this first              
          set of issues are the questions of whether petitioner has                   
          adequately substantiated the expenditures claimed for the                   
          residential real property and whether that property was primarily           
          held for sale to customers in the ordinary course of a trade or             
          business.                                                                   
               The second set of issues deals with whether petitioner is              
          entitled to a variety of deductions pursuant to sections 163,               
          164, 165, and 170.  Finally, we must decide whether petitioner is           
          liable for the additions to tax under sections 6651(a) and                  
          6654(a).                                                                    
               We combine our findings of fact and opinion under each                 
          separate issue heading.  Some of the facts have been stipulated             
          and are so found.  The stipulation of facts, the supplemental               
          stipulations of facts, and the attached exhibits are incorporated           


               1  Respondent concedes the tax deficiency and sec. 6651(a)             
          addition to tax for 1992.  For the 1994 tax year, the parties               
          agree that petitioner realized the following income:  (1) A $107            
          net short-term capital gain, (2) $41 in dividend income, and (3)            
          $6,025 in interest income.                                                  




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