William Joel Ashley - Page 5




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               Respondent asserts that petitioner was merely an investor in           
          the Longport property, was not entitled to capitalize any of the            
          claimed expenditures under the tax law, and in any event has                
          failed to substantiate most of those expenditures.  Further,                
          respondent asserts that petitioner operated the Longport property           
          as a summer rental.                                                         
               We must decide the appropriate amounts for the amount                  
          realized and the adjusted basis in order to arrive at the gain or           
          loss on the sale of the Longport property.  See sec. 1001.                  
          Before we address the items to be included in the adjusted basis            
          computation, we conclude that the amount realized consists of the           
          sales proceeds of $216,000 less costs related to the sale                   
          ($2,834.31 + $1,500), which petitioner has substantiated.                   
               In order to determine the adjusted basis of the Longport               
          property, we first address petitioner’s argument that his trade             
          or business encompasses selling restored properties.  Section               
          263A(b)(2)(A) provides that the capitalization rules of section             
          263A will apply to real property “described in section 1221(1)              
          which is acquired by the taxpayer for resale.”3  To meet the                
          requirements of section 1221(1), the real property must be                  
          “property held by the taxpayer primarily for sale to customers in           


               3  Petitioner does not contend that the property, in whole             
          or in part, was produced by him within the meaning of sec.                  
          263A(b)(1); we therefore give no consideration to that provision.           
          Further, the record does not reflect operating costs with regard            
          to the improvements made by the taxpayer which could be                     
          capitalized pursuant to sec. 263A(b)(1).                                    



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