Sean J. Swarthout and Michell L. Swarthout - Page 7




                                        - 6 -                                         
          property.3  Thus, the full gain of $30,282 nonetheless would be             
          required to be recognized in this situation.                                
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             for respondent.                          

























          3The record does not reflect either (1) the cost of the                     
          mobile home or its foundation, or (2) that the adjusted sales               
          price of the Pod residence, as defined in sec. 1034(b), was less            
          than the stipulated sales price.  It is very unlikely, however,             
          that establishing one or both of these facts would have reduced             
          the $199,000 difference between the sales price and the purchase            
          cost to an amount less than the amount of gain, $30,282.                    




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