Bruce David Cohen - Page 16




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               C.  1989 and 1991                                                      
               For the 1989 and 1991 taxable years, the Schedules C                   
          submitted by petitioner reported gross sales in the respective              
          amounts of $711,728 and $541,005.  After reduction for costs and            
          expenses, Bicycle Sport was shown as having earned a net profit             
          of $124,325 in 1989 and $77,258 in 1991.  Respondent has accepted           
          these figures as representing petitioner’s net business income              
          for such years, due in part to a lack of complete records for               
          performance of a bank deposits analysis.  Since petitioner has              
          never specifically addressed these years in his generalized                 
          arguments to the Court, we likewise hold petitioner to the                  
          amounts stated on his own returns.                                          
          III.  Capital Gain                                                          
               As a general rule, a taxpayer is required on the disposition           
          of property to report as capital gain the excess of the amount              
          realized on disposition over his or her adjusted basis in the               
          property.  Sec. 1001.  On petitioner’s 1989 and 1990 returns, he            
          reported capital gain from the sale of stock in the amounts of              
          $10,490 and $9,227, respectively.  The attached Schedules D,                
          Capital Gains and Losses, each show a sales price equal to the              
          full amount reported as gain and neither reflect nor deduct                 
          therefrom any “Cost or other basis”.  At trial, however,                    
          petitioner seemed to contend, albeit rather obliquely, that he              
          was entitled to offset his reported gains by some amount other              






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