Zinovy Brodsky - Page 55





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               1992 was $48,000.[3]  However, at trial Mr. Sutton                      
               testified that the property was not sold until 1995.                    
               If petitioner sold his interest in the property in 1992                 
               for $48,000, then with an adjusted basis of $27,000,                    
               petitioner would have a gain of $21,000. * * *                          
                    However, petitioner did not receive any cash or                    
               proceeds on any sale. * * * Petitioner only reported a                  
               gain as a result of being relieved from the assumption                  
               of the debt by the buyer.                                               

                    1Contrary to petitioner’s claim on brief, Mr. Dubrovsky did        
               not testify that he distributed $30,000 to petitioner on June 3,        
               1988, as a return of petitioner’s investment in the Camino prop-        
               erty.  Mr. Dubrovsky testified that he distributed $63,000 to           
               petitioner on June 3, 1988, as a return of petitioner’s investment      
               in that property.  The record contains a copy of a check dated          
               June 3, 1988, from Mr. Dubrovsky to petitioner in the amount of         
               $63,000, which petitioner negotiated.  Although we are not re-          
               quired to, and we shall not, rely on Mr. Dubrovsky’s testimony to       
               establish the purpose of that check, the parties do not dispute         
               that the $63,000 check from Mr. Dubrovsky to petitioner repre-          
               sented a distribution with respect to the Camino property.  Even        
               if we were to rely on Mr. Dubrovsky’s testimony and/or accept the       
               parties’ agreement as to the purpose of that check, neither that        
               testimony nor that agreement establishes petitioner’s basis in the      
               Sanchez Street property.                                                
                    3Contrary to petitioner’s claim on brief, petitioner and Ms.       
               Brodsky reported the sale of the Sanchez Street property in the         
               1993 joint return, Mr. Sutton did not prepare that return or            
               calculate the gain on the sale of that property that they reported      
               in that return, and $48,000 was the gross sales price, not the          
               gain, that they reported from that sale in that return.                 
               Although not altogether clear, it appears from the foregoing            
          excerpt that petitioner takes the position on brief (1) that he              
          held a 10-percent ownership interest in the Sanchez Street                   
          property since the date of the purchase of that property,                    
          (2) that his basis at all times in that ownership interest was               
          $27,000, and (3) that that property (a) was sold in 1993 for                 
          $48,000 as reported in the 1993 joint return or (b) in the                   
          alternative was sold in 1995 for an undisclosed amount.  In                  
          support of petitioner’s position regarding his ownership interest            







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