James W. and Laura L. Keith - Page 10




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          In addition, respondent argues that petitioners’ incorrect method           
          of accounting resulted in inflated losses in prior years such               
          that the net operating loss carryovers to the years at issue                
          should be reduced accordingly.                                              
          II.  Method of Accounting and Recognition of Gain                           
               A.  Existence of Gain--Completed Sale                                  
               As a general rule, the Internal Revenue Code imposes a                 
          Federal tax on the taxable income of every individual.  See sec.            
          1.  Section 61(a) specifies that gross income for purposes of               
          calculating such taxable income means “all income from whatever             
          source derived”.  Expressly encompassed within this broad                   
          pronouncement are “Gains derived from dealings in property”.                
          Sec. 61(a)(3).  Section 1001(a) then defines such gains as the              
          amount realized “from the sale or other disposition of property”,           
          less the adjusted basis.  Accordingly, section 1001(a) indicates            
          that gross income within the meaning of section 61(a) does not              
          arise until property is considered sold or otherwise disposed of            
          for Federal tax purposes.                                                   
               Case law then sets forth the standard for determining when a           
          sale is complete for tax purposes.  With respect to real                    
          property, a sale and transfer of ownership is complete upon the             
          earlier of the passage of legal title or the practical assumption           
          of the benefits and burdens of ownership.  See Major Realty Corp.           
          & Subs. v. Commissioner, 749 F.2d 1483, 1486 (11th Cir. 1985),              






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