William Joel Ashley - Page 9




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          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.                          





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