- 7 - claimed on their 1995 Federal income tax return,3 and that their deductible loss on the sale of the 116th East Ave. property was $13,406, rather than the $159,820 that petitioners claimed on their 1996 Federal income tax return. Determination of the correct adjusted basis of the 116th East Ave. property immediately after the exchange will be dispositive of these issues, as the parties have raised no other dispute about the computation of petitioners’ 1995 depreciation deduction or the amount of petitioners’ loss on the 1996 sale of the 116th East Ave. property. The parties have stipulated that the exchange qualified for treatment as a like-kind exchange under section 1031. Consequently, petitioners’ adjusted basis in the 116th East Ave. property immediately after the exchange was: (1) Petitioners’ carryover basis in the 84th Street property immediately before the exchange, decreased by (2) any money (boot) they received in the exchange, and adjusted for (3) any gain or loss that was recognized on the exchange. See sec. 1031(d). The parties agree that petitioners recognized no gain or loss on the like-kind exchange.4 Accordingly, the relevant 3 On brief, respondent concedes that, because of a computational error in the statutory notice, the proper depreciation deduction allowable to petitioners is $1,687.50 4 Respondent concedes, however, that petitioners’ adjusted basis in the 116th East Ave. property immediately after the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011