- 23 - In 1987, certain real property (Anorada property) was purchased in the names of petitioner and Mr. Rowe.11 On September 30, 1988, the Anorada property was sold to Mohamed and Nabila Mohamed for a total sale price of $25,000. Before the sale, the property was titled jointly in the names of petitioner and Mr. Rowe. The basis in the Anorada property at the time of the sale to the Mohameds was $20,000, and the commission paid on the sale was $2,500. The gain on the sale was $2,500. In connection with the sale, a check for $13,552.31 representing the sale proceeds was issued payable to “John Rowe and Donna Rowe”. Petitioner’s name is signed on both the settlement statement and the check.12 The check was deposited into petitioners’ NCNB account on September 30, 1988. Petitioners’ 1988 return listed a capital gain of $20,695. The capital gain reported on the return did not include the $2,500 gain from the sale of the Anorada property. B. Discussion 1. Allocation of Items Petitioner argues that Mr. Rowe’s secretive nature regarding his personal and financial activities supports allocating these 11Copies of a deed and a settlement statement list petitioner and Mr. Rowe as the purchasers of the Anorada property; however, neither petitioner’s nor Mr. Rowe’s signature appears on the copies of the documents. 12Petitioner’s name is signed “Donna Rowe” on the settlement statement and check.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011