- 5 - On July 6, 1977, petitioners purchased a two-story residential property (investment property) at 7708 Bay Parkway, Brooklyn, New York. For approximately 20 years, petitioners rented the two-family investment property to various tenants. In addition, the testimony of Philip Skalka (petitioner) maintained his dental office on the second floor. Petitioner testified that he depreciated the investment property over a 20-year period. On October 27, 1997, petitioners sold the investment property for a gross sale price of $297,500. Petitioners reported the property sale on Form 4797, Sale of Business Property. On Form 4797, petitioners reported a cost or other basis in the property of $85,611.69 and depreciation allowed or allowable of $59,187.69. Accordingly, petitioners reported an adjusted basis of $26,242, for a total gain from the sale of $271,076. Petitioners further reported on Form 4797 that $32,029 of the total gain was from section 1250 property. Petitioners subtracted the $32,029 of reported section 1250 gain from the total gain amount to arrive at a capital gain of $239,047. Petitioners included the $239,047 of capital gain as income on their 1997 tax return. However, petitioners did not include the $32,029 of section 1250 gain in income. Using Schedule D, Capital Gains and Losses, petitioners determined their 1997 Federal income tax using the maximum capital gains rates. In the tax computation, petitionersPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011