Walter L. Medlin - Page 129

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          reflect the relative fair market values of the portions of the              
          larger property at the time of their purchase.  Sec. 1.61-6(a),             
          Example (2), Income Tax Regs.  Our determination of the                     
          allocation of basis is a question of fact.  Sleiman v.                      
          Commissioner, 187 F.3d 1352, 1360 (11th Cir. 1999), affg. T.C.              
          Memo. 1997-530.                                                             
               Respondent relies upon the assessed values of the Grissom              
          Parcels in 1987 to determine the relative values of those parcels           
          when they were purchased in 1985.  Respondent allocated the                 
          purchase price of $47,000 in 1985 to the parcels as follows:                
                                        Percentage                                    
               Parcel     Assessed         of Total           Basis                   
               Number      Value        Assessed Value      Allocated1                
          Parcel 1       $12,500   32%                $15,040                         
          Parcel 2       14,955               39                  18,330              
          Parcel 3        11,228               29                  13,630             
            Totals        38,683              100                  47,000             
               1The basis allocated equals the purchase price multiplied by the       
               percentage of the total assessed value of the parcels.                 
          After accounting for selling expenses of $4,458, respondent                 
          determined that petitioner realized a gain of $20,502.33                    
          Petitioner contends that the methodology used by respondent to              
          allocate cost basis to the Grissom Parcels is arbitrary.                    
          Petitioner argues that the cost basis should have been allocated            
          according to the relative fair market values of the parcels in              



               33Gain ($20,502) = sales price ($40,000) - selling expenses            
          ($4,458) - basis ($15,040).                                                 





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