- 13 - Petitioners' 1993 return includes a Form 8824, Like-Kind Exchanges, which states that petitioners exchanged “land and building” for “land and building”. The return discloses no other facts regarding the transactions between petitioner and WLC. Respondent used petitioner’s $59,831 adjusted basis figure for the McDonald Street property in computing the long-term capital gain on the sale of the McDonald Street property determined in the deficiency notice. However, on audit of petitioners’ return, an adjusted basis of $61,331 had been established. Respondent’s deficiency notice did not back out the gain petitioners had reported on petitioner’s quitclaim transfer of the unimproved Lawrence Drive property to WLC, notwithstanding that, under respondent’s theory of the case, the Lawrence Drive property has never been disposed of by petitioner. On April 29, 1998, Bank One, Green Bay, WLC, and petitioner executed an amendment to the Assumption, Release and Escrow Agreement. The amendment recites that the original of that agreement contained a scrivener’s error, and recites that WLC would pay petitioner $142,400 “in satisfaction of the Note and Mortgage” on the Lawrence Drive property, that the Lawrence Drive Property “is exchanged per the Exchange Agreement” for the McDonald Street property, that petitioner will use $100,000 of the $142,400 received from WLC to pay petitioner’s $100,000 notePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011