- 9 - gain is not subject to the section 1221 capital gain preference as a result of the application of section 1221(2), petitioner’s gain does receive preferential treatment under section 1231. But see sec. 1250. As a final matter, petitioner claims that he received the sales proceeds on account of the Longport property and certain personal property, such as appliances purchased for the rental unit. We find petitioner’s claim credible. We therefore allocate $1,000 of the sales proceeds to the sale of a refrigerator and washer/dryer and conclude that the following amounts (which petitioner has substantiated) should constitute the adjusted basis of the personal property: Personal Property Date of Purchase Amount Refrigerator Nov. 7, 1985 $1,010.69 Washer/Dryer May 18, 1993 881.02 Petitioner, however, must reduce the adjusted basis of this property as well for depreciation allowed or allowable. See secs. 1231 and 1245 with regard to the characterization of the gain or loss. B. Operating Expenditures Deductions are a matter of legislative grace, and petitioner bears the burden of proving that he is entitled to the deductions 4(...continued) property should be allocated solely to petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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