- 30 - iii. Past Due Taxes and Interest In determining the amount realized by petitioner upon foreclosure of the Miami property, the notice of deficiency did not include past due taxes of $14,386.85 and interest of $47,944.02. This is a new matter upon which respondent has the burden of proof. Rule 142(a). Petitioner asserts in his petition that the principal balance of $206,044.77 at the time of foreclosure represents the total consideration for purposes of determining gain or loss. However, petitioner appears to have abandoned this argument on brief. Indeed, petitioner in an exhibit contained in his reply brief under the heading “Calculation of Foreclosure Loss” treats the $47,944.02 of past due interest and the $14,386.85 in past due taxes as amounts realized. Petitioner does not argue, in either his opening or rely brief, that these items should not be included in the amount realized. We find that the amount 30(...continued) Respondent then adjusted petitioner’s cost basis of $126,260 as follows: Cost basis $126,260.00 Depreciation already claimed (1985 Form 1120S) (16,555.04) Allowable depreciation not claimed between 1986 and 1991 (42,084.00) Petitioner’ adjusted basis 67,620.96 We note that respondent, in adjusting petitioner’s basis by $16,555 for depreciation already claimed, rounded to the nearest dollar. We have added 4 cents to respondent’s figure for consistency.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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