Richard Gorkes, Jr. and Susan Gorkes - Page 7

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                                          1999             2000            2001      
          Net short-term capital gain or (loss)1   ($27,672)      ($1,781,652)    ($2,109,359)
          Net long-term capital gain or (loss)2          (9,825)           (2,609)       (107,733)
          Total net capital loss3                   (37,497)       (1,784,261)     (2,217,092)
          1  The net short-term capital loss for each taxable year included short-term
          carryover losses to 1999, 2000, and 2001 of $111,114, $27,672, and $1,781,652,
          respectively.                                                               
          2  The net long-term capital loss for each taxable year included long-term  
          carryover losses to 1999, 2000, and 2001 of $21,391, $9,825, and $2,609,    
          respectively.                                                               
          3   For each taxable year, petitioners deducted the maximum of $3,000 of their
          overall capital losses against ordinary income on their Form 1040, Line 13 (Capital
          gain or (loss)).  See sec. 1211(b).                                         
               In the notice of deficiency, respondent disallowed a portion           
          of petitioners’ investment interest expense deductions for 1999,            
          2000, and 2001 in the amounts of $26,076, $38,784, and $49,483,             
          respectively.3  Respondent contends that petitioners’ “gross                
          income from property held for investment” for 1999, 2000, and               
          2001 was $5,139, $4,487, and $453, respectively.4  Respondent               
          also argues that because petitioners had a total net capital loss           
          in each of the taxable years at issue, petitioners had zero “net            
          gain from the disposition of property held for investment” for              
          purposes of determining their “net investment income” for each              
          taxable year.5                                                              



               3  Respondent concedes that the disallowed portion of                  
          investment interest expense deduction for 2001 erroneously                  
          includes otherwise deductible mortgage interest.                            
               4  Petitioners concede these amounts of “gross income from             
          property held for investment” for each taxable year at issue.               
               5  Respondent also concedes the amount of investment                   
          interest expenses claimed by petitioners for each taxable year at           
          issue.                                                                      




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