Peter T. Storaasli - Page 9

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          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.                      





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