Marvin J. Lewis and Brenda J. Lewis - Page 8




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          reduced the $67,500 by depreciation allowed or allowable of                 
          $26,470, resulting in a basis of $41,030.  Respondent subtracted            
          the $41,030 basis from $145,000, the amount petitioners reported            
          as the sales price of the property on their 1993 Federal income             
          tax return.  This resulted in the gain of $103,970 and an                   
          adjustment of $1,457 (reported loss) for a total adjustment of              
          $105,427.                                                                   
               A 1989 Schedule E, Supplemental Income and Loss, from                  
          petitioners’ 1989 return, showed depreciation for that year was             
          $5,707.  An Internal Revenue Service transcript of petitioners’             
          1992 Federal income tax return shows petitioners claimed $4,882             
          of depreciation for that year.  Respondent averaged these two               
          figures ($5,294.50) and multiplied the result by the 5 years of             
          rental to approximate the depreciation allowed or allowable                 
          ($26,472.50 rounded by $2.50 equals $26,470, the amount                     
          respondent calculated was depreciation allowed).                            
               Petitioners purchased the house at Mullen Avenue as a                  
          personal residence in April 1970 for $21,500.  Petitioners sold             
          the house for $145,000 in April 1993.  On the Form 4797, Sales of           
          Business Property, petitioners reported a basis of $146,457, and            
          a loss of $1,457.  Petitioners did not attach a calculation of              
          their basis to the Form 4797.                                               
               Petitioners did not have a schedule of the depreciation                
          allowed or allowable to them over the rental period.  They did              





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