Charles A. McGee - Page 26




                                               - 26 -                                                  
            correct amount of capital gain on the sale of Sipsey Harbor lots                           
            and the sale of trucks.                                                                    
                  Sipsey Harbor                                                                        
                  Petitioner contends that he sold Sipsey Harbor in one                                
            transaction, while respondent contends that the Sipsey Harbor                              
            lots were disposed of in several transactions.                                             
                  Sipsey Harbor consisted of 41 lots.  In 1988, petitioner                             
            issued an undated warranty deed for Sipsey Harbor to Ann Burdick                           
            and Tarrie Hyche.  Yet on his financial statements dated July 27,                          
            1989 and July 31, 1989, petitioner represented himself as the                              
            owner of 30 Sipsey Harbor lots worth $450,000.  Thus, despite the                          
            warranty deed issued by petitioner to Tarrie Hyche in 1988,                                
            petitioner still considered himself the owner of 30 Sipsey Harbor                          
            lots in July 1989.                                                                         
                  In 1989, petitioner was the grantor on deeds to two Sipsey                           
            Harbor lots, which were recorded in the Winston County property                            
            records.  In 1990, petitioner was the grantor on deeds to four                             
            Sipsey Harbor lots, which were recorded in the Winston County                              
            property records.  Thus, rather than disposing of Sipsey Harbor                            
            in one transaction, petitioner disposed of his interest in two                             
            Sipsey Harbor lots in 1989 and four Sipsey Harbor lots in 1990.                            
            No sales are reflected on petitioner’s 1989 or 1990 return, nor                            
            is there any evidence to corroborate petitioner’s alleged                                  
            disposition of petitioner’s entire interest in Sipsey Harbor.                              






Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011