John A. Rowe and Donna L. Rowe - Page 23




                                       - 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