Peter T. Storaasli - Page 7

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          amount realized on the sale, respondent subtracted $60,516 from             
          the sale price to account for selling costs.  Using an adjusted             
          sale price of $1,004,484 and an adjusted basis of $433,066,                 
          respondent concluded that petitioner must recognize gain of                 
          $571,418 on the sale of the Rose Point Lane property.                       
               Respondent did not include any of the following expenses,              
          which petitioner claims should increase the adjusted basis of the           
          Rose Point Lane property, in computing petitioner’s gain:8                  
                    Item                                       Cost                   
               Landscaping and repairs                       $21,750                  
               Maintenance for 100 mos. at $150/mo.           15,000                  
               Refinancing expenses (three times)             26,500                  
               Mortgage interest                            325,100                   
               Insurance for 100 mos.                       11,150                    
               Property taxes for 100 mos.                  104,167                   
               Personal labor of 1500 hrs. at $20/hr.         30,000                  
               Settlement charges for utilities                  200                  
          Respondent concluded that the costs petitioner allegedly incurred           
          for landscaping and repairs, maintenance, utilities, and personal           
          labor did not constitute capital improvements that must be added            
          to the property’s basis.  Respondent disallowed any basis                   


               7(...continued)                                                        
          costs and adjusted the sale price downward by $11,333 to account            
          for disposition costs.                                                      
               8In the petition, petitioner claimed he incurred improvement           
          expenses of $75,000, but he did not argue in his trial                      
          memorandum, at trial, or in his posttrial memoranda that he was             
          entitled to any deductions or basis adjustments for improvements.           
          Petitioner also failed to produce any evidence on this point at             
          trial.  We conclude, therefore, that petitioner has abandoned               
          this argument.  See Leahy v. Commissioner, 87 T.C. 56, 73-74                
          (1986).                                                                     




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