- 140 - 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 interestPage: Previous 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 Next
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