- 135 - The gain from the sale or other disposition of property is the excess of the amount realized over the adjusted basis of the property provided in section 1011 for determining gain, and the loss is the excess of the adjusted basis provided in that section for determining loss over the amount realized. Sec. 1001(a). Petitioner must establish his adjusted basis in the Church Street property for purposes of determining the gain or the loss that he realized, and must recognize, on its sale. O’Neill v. Commis- sioner, 271 F.2d 44, 50 (9th Cir. 1959), affg. T.C. Memo. 1957- 193; see Burnet v. Houston, 283 U.S. 223, 227-228 (1931). As pertinent here, (1) petitioner’s adjusted basis in determining the gain or the loss from the sale of the Church Street property is his basis in that property determined under section 1012, adjusted as provided in section 1016,88 see sec. 1011(a); and 87(...continued) and Ms. Brodsky support that finding. Petitioner and Ms. Brodsky included Schedule E in each of those returns. In each such Schedule E, they reported the Church Street property as rental property. In the 1991 Schedule E, they claimed rental expenses with respect to that property, in the 1992 Schedule E, they listed the Church Street property as a rental property, and in the 1992 Schedule D they claimed a capital loss with respect to that property. We find that the 1991 and 1992 returns contain admissions by petitioner and Ms. Brodsky that one or both of them had an ownership interest in the Church Street property at least during part of 1991 and 1992 until the date of the sale of that property. Those admissions may not be overcome without cogent evidence that they are wrong. See FRE 801(d)(2); Waring v. Commissioner, 412 F.2d 800, 801 (3d Cir. 1969), affg. per curiam T.C. Memo. 1968-126; Estate of Hall v. Commissioner, 92 T.C. 312, 337-338 (1989). 88With respect to the adjustments to basis under sec. 1016 that are required by sec. 1011(a), petitioner testified at the (continued...)Page: Previous 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 Next
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