- 94 - 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 propertyPage: Previous 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Next
Last modified: May 25, 2011