- 13 - the earthquake and homeowner’s insurance and the property taxes on the Atascadero property in November 1995. On December 29, 1995, petitioner sold the Atascadero property to Bryan Dunnivan for $200,286. Mr. Dunnivan took the property subject to the Great Western first deed of trust and gave petitioner a note for $32,000 secured by a deed of trust to the Atascadero property. On December 29, 1995, Stephanie sold her Oakland home. In 1995, Stephanie also purchased a house in Dallas, Texas, which she sold in 1996 for a gain of $45,401. Stephanie earned $87,148 and $100,744 in 1995 and 1996, respectively. On his 1995 Federal income tax return, petitioner reported the $170,371 early distribution in gross income and calculated a tax of $17,037 for an early distribution under section 72(t). Petitioner claimed a $136,331 short-term capital loss from the sale of the Atascadero property. Petitioner calculated a $336,331 basis in the property, consisting of $170,371, the amount owed him by Stephanie and David when he took the deed in lieu of foreclosure, plus $168,957, the amount outstanding on the note held by Great Western. Petitioner acknowledges but does not explain the $2,997 difference between the basis he claimed on his return, $336,331, and the sum of the two amounts he used to calculate the basis, $339,328 ($170,371 + $168,957). Petitioner did not claim any deduction for a worthless debt on his 1995 return. In response to respondent’s denial of thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011