Jacob R. Ramsburg, Jr. and Norma J. Ramsburg - Page 19

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              the racing and breeding horses that Kildare Timmy distributed to                                                 
              him.  In that explanatory statement, petitioners claimed the                                                     
              following, inter alia, with respect to the sale of those nine                                                    
              horses:                                                                                                          
                                               ORDINARY GAINS AND LOSSES                                                       
                                                                                      Cost           Gain                      
                   Description        Date acquired Date sold Sales price            or basis     or (loss)                    
               Idealists Hanover         01/01/98       04/01/98        $2,500        $4,339       ($1,839)                    
                   Brief Wars            01/01/98       11/01/98        12,750       110,621        2,129                      
                Western Skylark          01/01/98       11/01/98        5,000          14,871       129                        
                     Rare Guy            01/01/98       11/01/98        1,500          15,279      (3,779)                     
                 Overture Siera          01/01/98       06/01/98        0            3,319         (3,319)                     
               Happening Hanover         01/01/98       05/01/98        1,000        3,883         (2,883)                     
                 Yankee Skylark          01/01/98       11/01/98        1,200               11      1,199                      
                Overture Hanover         01/01/98       06/01/98        0            911           (911)                       
                Vidalita Hanover         01/01/98       06/01/98        1,616        3,883         (2,267)                     
                   Total to Form 4797, Part II, Line 10                 25,566       37,107        (11,541)                    
                      1There is an unexplained discrepancy between the cost or basis that                                      
              petitioners claimed in petitioners’ 1998 return with respect to each of the                                      
              four horses Brief Wars, Western Skylark, Rare Guy, and Yankee Skylark that                                       
              Kildare Timmy distributed to Mr. Ramsburg and the amount that Kildare Timmy                                      
              reported in its 1998 partnership return as the gross sales price for which it                                    
              allegedly sold each such horse to Mr. Ramsburg.  It is petitioners’ position                                     
              that Mr. Ramsburg purchased each of the above-referenced horses from Kildare                                     
              Timmy for a price equal to Kildare Timmy’s adjusted basis in each such horse                                     
              as reflected in Kildare Timmy’s books and records.  Thus, under petitioners’                                     
              position, Mr. Ramsburg’s cost or basis in each of the four horses in question                                    
              on the date on which Kildare Timmy distributed those horses to him should have                                   
              been equal to the price that he claimed he paid for each such horse.  However,                                   
              Kildare Timmy reported in its 1998 partnership return the following gross                                        
              sales price, and petitioners reported in their 1998 return the following cost                                    
              or basis, with respect to each of those horses:                                                                  
                                                   Gross sales price        Cost or basis                                      
                                                   reported in 1998          reported in                                       
                                                      partnership        petitioners’ 1998                                     
                                    Horses          return               return                                                
                                  Brief Wars             $2,121                 $10,621                                        
                               Western Skylark           2,202                  4,871                                          
                                   Rare Guy              5,029                  5,279                                          
                               Yankee Skylark               0                   1                                              
              Thus, in petitioners’ 1998 return, petitioners claimed a significantly higher                                    
              cost or basis in each of Brief Wars and Western Skylark and a higher cost or                                     
              basis in each of Rare Guy and Yankee Skylark than the gross sales price that                                     
              Kildare Timmy claimed in its 1998 partnership return it received for each such                                   
              horse.                                                                                                           





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