- 5 - moving from office to office fails to show that this was a loss beyond his control as contemplated by section 1.274-5(c)(5), Income Tax Regs. Silver v. Commissioner, T.C. Memo. 1972-102. Nor has petitioner reasonably reconstructed his expenditures under the regulations. Gizzi v. Commissioner, 65 T.C. 342, 345-6 (1975). Accordingly, we must sustain respondent’s determination on this issue. As to the rent deduction issue, respondent allowed $3,825 and disallowed $3,675 of the amount claimed as a deduction. When we reached this issue at trial, we asked petitioner whether he could provide any evidence to establish that he was entitled to an additional amount over and above what respondent allowed. The response by petitioner was “No, I have nothing else to submit.” We deem this issue conceded by petitioners and sustain respondent’s determination as to rental expenses. With respect to determinations of gain or loss, section 1001(a) provides that the gain from the sale or other disposition of property shall be the excess of the amount realized therefrom over the adjusted basis provided in section 1011 for determining gain, and the loss shall be the excess of the adjusted basis provided in such section for determining loss over the amount realized. Sections 1011 and 1012 provide, insofar as relevant in this case, that the adjusted basis of the property shall be its cost. Section 1016 provides that proper adjustments shall bePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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