David Llewellyn and Kay Marie Rose - Page 21




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          adjusted basis in a 1970 Plymouth Barracuda automobile sold                 
          during that year.  During 1989, in connection with his classic              
          car restoration and sales activity, petitioner purchased a 1970             
          Plymouth Barracuda automobile for restoration and resale.  After            
          extensively restoring the Barracuda, petitioner encountered some            
          difficulty in selling the car.  However, petitioner eventually              
          sold the Barracuda during 1996 for $29,000, at a substantial                
          loss.  On the classic car restoration Schedule C of their 1996              
          return, petitioners reported sales income of $29,000 in                     
          connection with the Barracuda and an adjusted basis in the car              
          (reported as cost of goods sold) of $76,771.  Thus, petitioners             
          claimed a loss of $47,771 from the sale of the Barracuda.  After            
          deducting $1,770 in other various expenses, petitioners claimed a           
          net loss of $49,541 from the classic car restoration and sales              
          activity.  In the notice of deficiency, respondent disallowed               
          $8,737 of the $76,771 claimed adjusted basis in the Barracuda.              
               Section 1011(a) provides that the adjusted basis for                   
          determining gain or loss from the sale or other disposition of              
          property is the basis determined under section 1012, adjusted as            
          provided in section 1016.  Generally, under section 1012, the               
          basis of property is its cost.  The cost is the amount paid for             
          such property in cash or other property.  Sec. 1.1012-1(a),                 
          Income Tax Regs.  The cost basis is increased by the cost of                
          capital improvements and betterments made to the property.  Sec.            
          1016(a)(1); sec. 1.1016-2(a), Income Tax Regs.  Moreover, the               






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