- 5 - Petitioners bought no property from unrelated third parties on which to build houses for sale. After the June 4, 1998, meeting with petitioner and Mr. Brown, the examining agent made no further request for the items included in the previously issued IDR's but did make certain third parties contacts. On January 15, 1999, the IRS issued to petitioners a report of proposed adjustments to their Federal income taxes for 1995 and 1996. The examining agent's letter enclosing the report states that she obtained information indicating that petitioners had lived on the Vallecito property and concludes that "I have not received adequate information to justify that you are in a business." The letter further informs petitioners that the loss for 1995 has been disallowed, and the small profit for 1996 has been "reversed out". Mr. Brown met with the examining agent to discuss the proposed adjustments and later provided the agent some additional information. The additional information was in the form of a letter, with enclosures, dated February 11, 1999. The letter primarily addresses the issue of whether the Vallecito property was petitioners' personal residence or was held for sale in the ordinary course of business. The letter recites petitioners' position that it was not their personal residence. Petitioners admit in the letter, however, that they used the Vallecito property as an office from February to October 1995, that theyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011