Robin A. and Susan D. Bettencourt - Page 7

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               Description                                      Cost1                 
                                                                                     
          Closing costs2                                   $ 6,133                    
          Legal & other miscellaneous expenses              5,400                     
          Travel costs for annual property inspection      10,450                     
          Improvements                                     23,442                     
          Total                                         $45,425                       
               1The amounts listed represent the one-third portion claimed            
          by petitioners on their 1999 Federal income tax return.                     
               2In the notice of deficiency, respondent increased                     
          petitioners’ basis by closing costs of $6,041.                              

               Petitioners testified that the improvements consisted of a             
          new deck, new front door and roof, new windows, remodeled kitchen           
          and bathroom, updated landscaping, and earthquake damage repairs,           
          the date or dates for which were not known by petitioners.                  
               Petitioners admit that Mrs. Hatch paid for the bulk of the             
          improvements made to the residence but assert that Mrs. Hatch did           
          so as a gift to petitioners.  Respondent, however, contends that            
          petitioners are not entitled to increase their basis by the                 
          amounts of the improvements reported because the amounts were not           
          substantiated, and, even if they had been substantiated, Mrs.               
          Hatch paid for them not as a gift to petitioners but for her own            
          personal enjoyment and to maintain the property in a livable                
          state.  The Court agrees with respondent on this issue.                     
               Petitioner offered into evidence at trial a ledger listing             
          various amounts with corresponding check numbers totaling                   
          $5,517.68; however, there was no description as to what these               
          amounts were for.  Petitioners also acknowledged they did not               





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