Thomas C. Sandoval, Jr. and Bobbie J. Sandoval - Page 2




                                        - 2 -                                         
             Additions to tax and penalties                                           
          Year   Deficiency   Sec. 6651(a)(1)  Sec. 6661(a)   Sec. 6662(a)            
          1985    $27,673         $3,362         $6,918            --                 
          1987     21,865          2,722          5,466            --                 
          1989     10,017           –-             –-            $2,003               
          1990     50,643         10,910           –-            10,129               
          Respondent filed an amended answer asserting that petitioners’              
          tax liability is as follows:1                                               
             Additions to tax and penalties                                           
          Year   Deficiency   Sec. 6651(a)(1)  Sec. 6661(a)   Sec. 6662(a)            
          1985    $27,642         $3,889         $3,888            --                 
          1987     21,865          2,935          2,935            --                 
          1989     10,017          2,420           –-            $1,936               
          1990     50,643         10,911           –-            10,129               
               After concessions, the issues for decision are:                        
               1.   Whether petitioners have a basis of $233,408 in                   
          additions to a building.  We hold that their basis in the                   
          additions is $20,000.                                                       
               2.   Whether petitioners have a basis of $130,000 (or any              
          other amount) in real property for two outdoor advertising signs            
          on the property.  We hold that they do not.                                 
               3.   Whether the Babcock Road and Warfield Drive properties            
          qualify under section 1033 as replacement property for property             
          sold under threat of condemnation.  We hold that they do not.               
               4.   Whether petitioner placed certain vehicles in service             
          when he bought them for his business, as respondent contends, or            
          when he began to use them in his business, as petitioners                   



               1  Respondent bears the burden of proof with respect to new            
          matter alleged in the amended answer.  Rule 142(a).                         




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