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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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