- 3 - 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 improvementsPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011