Louise Demirjian - Page 3

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          attachments for 1989 (original joint return).  The original joint           
          return was timely filed pursuant to an extension.  Katz & Katz,             
          Certified Public Accountants, of Brooklyn, New York (Katz &                 
          Katz), prepared the original joint return.  Petitioner and                  
          Apostle signed the original joint return.                                   
               The original joint return included Form 2119, Sale of Your             
          Home.  Although neither petitioner nor Apostle was eligible to              
          claim the one-time exclusion of $125,000 from the gain on the               
          sale of the New York apartment under section 121, this exclusion            
          was claimed on Form 2119.  Petitioner knew that she was not                 
          eligible to claim the section 121 exclusion at the time that the            
          original joint return was filed.                                            
               In addition to claiming the section 121 exclusion on                   
          Form 2119, petitioner and Apostle elected to defer recognition of           
          a portion of the gain realized on the sale of the New York                  
          apartment under section 1034.  The return reported that they                
          bought a new principal residence for $245,000 during the                    
          replacement period provided under section 1034.  Petitioner and             
          Apostle did not purchase any property that would have qualified             
          as replacement property under section 1034 during the replacement           
          period.                                                                     
               By claiming the section 121 exclusion and making the section           
          1034 election on Form 2119, petitioner and Apostle recognized               
          only $288,000 of the $564,000 gain realized on the sale of the              






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