- 19 - proving that they are entitled to the casualty loss deduction that they are claiming for 1997.11 Long-Term Capital Gain From the Sale of the Condo Respondent determined in the notice that petitioners real- ized for 1995 a long-term capital gain of $211,000 from the sale of the condo and that they understated the amount of such gain in their 1995 joint return by $185,796. Respondent concedes that that determination in the notice was wrong in that respondent no longer maintains that, in calculating the amount of such gain, petitioners’ basis in the condo at the time of its sale was zero. It is respondent’s position that petitioners’ adjusted basis in the condo was $148,527 when they sold it for $211,000, that they realized $62,473 of long-term capital gain from that sale, and that they understated the amount of such gain in their 1995 joint return by $37,269. The parties stipulated that petitioners’ cost basis in the condo at the time of its sale was $165,000 and that they sold the condo in 1995 for $211,000. The only dispute between the parties with respect to the sale of the condo is the amount of petition- ers’ adjusted basis for determining the amount of long-term capital gain that they realized and must recognize for 1995 from that sale. 11In light of our finding that petitioners have not estab- lished their entitlement to a casualty loss deduction for 1997, we find that petitioners have failed to establish that they are entitled to the claimed NOL deductions for 1995 and 1996. See supra note 8.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011