Zinovy Brodsky - Page 53




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          Sanchez Street property:93                                                   
                    Joseph Dubrovsky testified that petitioner in-                     
               vested $57,000 in 1987, in property located on El                       
               Camino del Mar, San Francisco. * * *                                    
                    Mr. Dubrovsky testified that he returned $30,000                   
               of petitioner’s investment to him on June 3, 1988.[1]                   
               Therefore, petitioner’s adjusted basis was $27,000 at                   
               that point in time.  Thereafter, it is unclear whether                  
               there was a sale or like-kind exchange for the property                 
               located at 287 Sanchez Street.  What is clear is Joseph                 
               Dubrovsky testified that all the owners of El Camino                    
               del Mar remained the owners of 287 Sanchez Street,                      
               including petitioner.  Edward Sutton, the tax return                    
               preparer, testified that his records reflected a pur-                   
               chase price of $400,000 for 287 Sanchez Street in 1989,                 
               which would be the cost basis.  Joseph Dubrovsky testi-                 
               fied that petitioner was a 10% owner of the property.                   
                    Edward Sutton, the tax return preparer, reported                   
               that petitioner’s gain on a sale of the property in                     

               93Petitioner contends in the alternative that, because there            
          are no documents establishing that petitioner was in fact a legal            
          owner of the Sanchez Street property at the time of its sale in              
          1993, “petitioner is not obligated or required to report any                 
          capital gain or loss on the sale of” that property.  On the                  
          record before us, we reject petitioner’s contention that he was              
          not a legal owner of the Sanchez Street property.  We have found             
          on that record that, at least during the period beginning in 1991            
          and ending on the date of the sale of the Sanchez Street property            
          in 1993, petitioner and Ms. Brodsky owned an interest in that                
          property, although the extent of that interest is not disclosed              
          by credible evidence in the record.  In this connection, in                  
          addition to other evidence in the record, the 1991, 1992, and                
          1993 joint returns filed by petitioner 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 Sanchez Street property as rental property, and they claimed             
          rental expenses with respect to that property.  In Schedule D and            
          Form 4797 that petitioner and Ms. Brodsky included in the 1993               
          joint return, they claimed a capital gain with respect to the                
          Sanchez Street property.  We find that the 1991, 1992, and 1993              
          joint returns contain admissions by petitioner and Ms. Brodsky               
          that they had an ownership interest in the Sanchez Street prop-              
          erty at least during the period beginning in 1991 and ending on              
          the date of the sale of that property in 1993.  Those admissions             
          may not be overcome without cogent evidence that they are wrong.             
          See FRE 801(d)(2); Waring v. Commissioner, 412 F.2d at 801;                  
          Estate of Hall v. Commissioner, 92 T.C. at 337-338.                          



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