Thomas F. Hale - Page 4




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               On Schedule D, Capital Gains and Losses, of his 1996 Federal           
          income tax return, petitioner reported a long-term capital loss             
          of $20,475.44 from the sale of real estate located at Lava,                 
          Idaho, approximately 37 miles from Pocatello.  The pertinent                
          information on the return relative to this transaction was as               
          follows:                                                                    

          Date acquired                 8/11/89                                       
          Date sold                     11/7/96                                       
          Sales price                   $21,000                                       
          Cost or other basis           $41,475.44                                    
          Loss                         ($20,475.44)                                   

          On the return, petitioner claimed a loss of $3,000 pursuant to              
          the limitation of section 1211(b)(1).  In the notice of                     
          deficiency, respondent disallowed the claimed $3,000 long-term              
          capital loss for the reason that the property was not used in a             
          trade or business or held for the production of income.                     
               The subject property consisted of two adjoining lots at                
          Lava, Idaho, on which was situated a building that originally was           
          a residence but which petitioner contends he used on a part-time            
          basis in connection with his limited law practice.                          
               At trial, petitioner readily acknowledged that his claimed             
          basis of $41,475.44 for the property was incorrect.  Petitioner             
          presented documentation showing his acquisition of the property             
          on August 11, 1989, for $20,000.  He contends that he incurred              
          additional costs over the years totaling $12,537 for improvements           





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