Edward C. Tietig - Page 23




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               On Schedule L of Eureka Field Nursery’s 1985 Form 1120S, the           
          company reported “Buildings and other depreciable assets” of                
          $508,207.32 at the end of the tax year.  On Schedule L of Eureka            
          Field Nursery’s 1986 Form 1120S, the company reported “Buildings            
          and other depreciable assets” of $61,597.13 before depreciation             
          of $42,592.07 at the end of the tax year.                                   
               A judgment of foreclosure was ordered on December 2, 1991,             
          with respect to the Miami property.  Resolution Trust Corporation           
          (RTC) was the plaintiff.  The Circuit Court for Dade County,                
          Florida, determined that RTC was due $206,044.77 in principal               
          under the note and mortgage sued upon, interest on the date of              
          judgment of $47,944.02, and unpaid real estate taxes from the               
          years 1989, 1990, and 1991 of $14,386.85, plus other costs of the           
          suit.                                                                       
               B.  Discussion                                                         
               Petitioner did not report any capital gains or losses on his           
          1991 Federal income tax return.  Respondent argues that                     
          petitioner had unreported capital gains of $57,531.25 in 1991.              
          This figure results from respondent’s netting long-term capital             
          gains of $90,534.25 with short-term capital losses of $33,003.              
          We address the long-term gains and short-term losses in turn.               
                    1.  Long-Term Capital Gains                                       
               Respondent computed long-term capital gains of $90,534.25 by           
          netting a long-term capital gain of $90,720.25 with a long-term             






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