N. Thomas Ryan - Page 21

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          a cost basis of $17,843.15 (including brokerage fees and                    
          commissions) on the first 541.4054 of the 700 shares sold.                  
          Petitioner and respondent did not stipulate the cost basis for              
          the remaining 158.5946 shares sold.  Petitioner substantiated his           
          claim that the 700 shares of stock were purchased during the                
          1980s.  Petitioner presented credible testimony that he paid for            
          the stock through automatic deductions from his checking account            
          over a 5-year period.  We are satisfied that petitioner purchased           
          the 700 shares of stock and held them for more than 1 year;                 
          therefore, petitioner is entitled to long-term capital gain                 
          treatment on the sale of the 700 shares of stock.  See sec.                 
          1222(3).                                                                    
          VI. 1997 Nonemployee Compensation                                           
               Respondent determined that petitioner received $10,800 in              
          nonemployee compensation from Florida EMS in 1997.  The parties             
          stipulated that petitioner received nonemployee compensation in             
          1997 from Florida EMS of “at least” $5,400.  Petitioner asserts             
          that Florida EMS mistakenly sent a duplicate Form 1099-MISC,                
          Miscellaneous Income, to respondent showing $5,400.  Petitioner             
          presented credible testimony that he received Form 1099 income              
          during 1997 of $5,400, and not $10,800.  Respondent did not                 
          present a copy of a second Form 1099 showing $5,400, but rather             









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