- 18 - that may be added to the adjusted basis of either property and recovered upon sale. With respect to petitioner’s argument that the cost of his personal labor should increase his adjusted basis in the properties at issue, no provision of the Code authorizes an increase in basis for the cost of a taxpayer’s personal labor, and we have consistently held that the cost of a taxpayer’s personal labor shall not be considered in computing adjusted basis, regardless of whether the property is held for the production of income or as a principal residence. Cox v. Commissioner, T.C. Memo. 1982-667; Bayly v. Commissioner, T.C. Memo. 1981-549; Erwin v. Commissioner, T.C. Memo. 1978-10; Miller v. Commissioner, T.C. Memo. 1975-8. Consequently, we reject petitioner’s argument. D. Basis Adjustment Under Section 1034 Respondent concluded that petitioner must recognize gain of $571,418 on the sale of the Rose Point Lane property. In arriving at that figure, respondent adjusted petitioner’s cost basis in the Rose Point Lane property to account for acquisition and refinancing costs and deferred gain from the sale of petitioner’s previous residence, and adjusted the sales price to account for the cost of selling the property. Because petitioner reinvested a portion of the sale proceeds from the Rose Point Lane property in a new residence, however, petitioner mustPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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