- 5 - secured by a mortgage held by petitioner. In 1996, petitioner received principal payments totaling $937 in connection with the above-referenced note. After he sold the New Jersey residence, petitioner moved all of his furniture and other items of personal property from the New Jersey residence to the apartment. His son moved out of the apartment, and petitioner began to manage his Florida property. From that point on he no longer regularly spent extended periods in New Jersey. In 1996, petitioner sold his truck and effectively retired as a commercial driver. In 1997, petitioner moved from the apartment to another residence he purchased in Florida. Petitioner did not include any gain on the sale of the New Jersey house in the income he reported on his 1996 Federal income tax return. In the notice of deficiency, respondent determined that petitioner realized a gain on the sale (computed by using the original purchase price as petitioner’s basis), allowed installment sale treatment, and adjusted petitioner’s income accordingly. Other adjustments made in the notice of deficiency are not in dispute. Discussion Generally, the gain realized on the sale of a personal residence is includable in the taxpayer’s income. See secs. 61(a)(3), 1001(c). At the election of the taxpayer, however, andPage: Previous 1 2 3 4 5 6 7 8 9 Next
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