Walter L. Medlin - Page 104

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          Miles, as trustee, sold Lots 6 through 30, for $540,000.18  The             
          purchasers paid $89,077 in 1988 and issued a purchase money                 
          mortgage for the remainder.  We are unable to locate this payment           
          on petitioner’s spreadsheets for 1988, and it does not appear               
          that he reported any amount of this payment as income on his                
          return for 1988.                                                            
                                      OPINION                                         
               In computing petitioner’s gains from the sales in 1985,                
          1986, and 1988, respondent apportioned the cost basis of the                
          entire property equally among Lots 1 through 30 and Tract A, and            
          assigned a basis of $1,903 to each lot and tract.19  Respondent             
          determined that petitioner realized a gain of $20,097 from the              
          sale in 1985,20 a gain of $21,097 from the sale to Mr. Dugger in            
          1986,21 and installment gains of $77,298 from the sales in 1988.22          
               On brief, petitioner does not address the disputed gains               

               18Petitioner incurred selling expenses of $23,831 for this             
          sale.                                                                       
               19Cost basis for each lot and tract ($1,903) = cost of the             
          entire property ($59,005)/the number of lots and the tract (31).            
               20Gain realized ($20,097) = amount realized ($22,000) -                
          adjusted basis ($1,903).                                                    
               21Gain realized ($21,097) = amount realized ($23,000) -                
          adjusted basis ($1,903).                                                    
               22Gross Profit ($468,594) = sales price ($540,000) - selling           
          expenses ($23,831) - total of the adjusted bases in lots 6-30               
          ($47,575); gross profit percentage (0.867767) = gross profit                
          ($468,594)/ contract price ($540,000); installment gain from sale           
          in 1988 ($77,298) = payments received in 1988 ($89,077) x gross             
          profit percentage (0.867767).                                               




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