Estate of Frank Johnson - Page 166




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               D.  Capital Gain for 1989                                              
               On their return for 1989, petitioners reported the sale of             
          property from which they realized a long-term gain of $3,421                
          (sales price of $40,000 less basis of $36,579).  Respondent                 
          contends that Frank and Katherine had a short-term gain of                  
          $23,978 ($40,000 less mortgage payoff of $11,030 and expenses of            
          sale of $4,989).                                                            
               In their reply brief, petitioners claim that Frank and                 
          Katherine’s daughter Patricia transferred the subject property to           
          them for no consideration at a time when she had an adjusted                
          basis in the property of at least $30,000.  Petitioners contend             
          that she gifted the property to Frank; therefore, he had the same           
          basis and holding period for the property as she did.                       
          Petitioners contend further that Frank’s adjusted basis in the              
          property, at a minimum, was $34,990 ($30,000 basis plus $4,990              
          expenses of sale).  They maintain that Frank’s daughter may have            
          had an additional basis of $1,590 in the property which accounts            
          for the $36,579 basis claimed on the 1989 tax return.  Respondent           
          asserts that petitioners have offered no evidence establishing              
          that Frank and Katherine had a basis of more than $11,030 in the            
          property they sold in 1989.                                                 
               The record indicates that Frank acquired his interest in the           
          property by quitclaim deed from a Patricia Johnson on March 18,             
          1989, for no stated consideration, and that he sold that property           






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