- 9 - an adjusted sale price of $225,043 and an adjusted basis of $191,405, respondent concluded that petitioner must recognize gain of $33,638 on the sale of the Hollywood Hill lot. Respondent did not include the following expenses, which petitioner claims should increase the adjusted basis of the Hollywood Hill lot, in computing petitioner’s gain on the sale:11 Item Cost Settlement charges for property taxes due $4,582 Maintenance for 43 mos. at $100/mo.1 4,300 Personal labor of 430 hrs. at $20/hr. 8,600 Property taxes for 43 mos. 6,987 1According to petitioner, the maintenance performed on the Hollywood Hill lot was routine, such as mowing, and was not part of the development of the property for ultimate resale. Respondent disallowed any deduction or basis adjustment for the 11In the petition, petitioner also claimed expenses of $31,500 for mortgage interest and $12,000 for “improvements”, but he did not argue that he was entitled to any deductions or basis adjustments for these expenses in his trial memorandum, at trial, or in his posttrial memoranda. We conclude, therefore, that petitioner has abandoned these arguments. See Leahy v. Commissioner, supra. Petitioner argued for the first time at trial that in addition to the cost of the fence, which respondent added to the property’s adjusted basis, he expended approximately $7,000 for the services of the engineer who designed a septic system for the Hollywood Hill lot, which was never installed. Petitioner offered no documentary evidence to substantiate the expense, did not otherwise amend his petition to reflect any change in the nature or amount of the expenses he claims, and did not present any arguments regarding the expenses in his posttrial memoranda. As a result, we do not consider petitioner’s argument.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011