James V. Abrams and Laurie Abrams - Page 6




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          agent in the Modesto area since about 1987.  Petitioners informed           
          Mr. Lilly that they already had a tenant in line to rent the                
          Stewart property.  On June 29, 1995, the Stewart property was               
          listed for sale at $484,900.  Sales efforts were unsuccessful,              
          which led to a reduction in the sales price over a 5-month period           
          as follows:                                                                 
               Date Listed for Sale     Amount Listed for Sale                        
               July 12, 1995                  $469,000                                
               September 13, 1995             459,000                                 
               November 3, 1995               435,000                                 
          Throughout this period, Mr. Lilly held two open houses and showed           
          the property approximately six to nine times but never received             
          an offer.                                                                   
               After the end of the lease term in June 1996, the lessee               
          continued to rent the Stewart property on a monthly basis from              
          July 1 through December 27, 1996.  On December 27, 1996,                    
          petitioners sold the Stewart property under an installment land             
          contract to the lessee for $435,000.2                                       
               Petitioners timely filed a joint Form 1040 for 1996.  On               
          their return, petitioners claimed a deduction for a $39,001 loss            
          on the sale of the Stewart property calculated as follows:                  
               Sales Price                        $435,000                            
               Less Accumulated Depreciation      5,999                               
               Less Basis                         480,000                             
               Total Loss                         (39,001)                            


               2  So stipulated by the parties.                                       






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