- 20 - 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 ratherPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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