Patrick G. & Valerie V. O'Malley - Page 25




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          2000.  The notice contained the following computations of such               
          increases:                                                                   
               1999 Sale of Lot 5                                                      
                         Contract price       318,000                                  
                         Reduction            (47,700) §108(e)(5)[20]                  
                         Selling costs        (19,398)                                 
                         Selling price        250,902                                  
                         Basis               (119,425)                                 
                         Gain            $ 131,477.00[21]                              
               2000 Sale of Lot 12                                                     
                         Contract price       225,000                                  
                         Reduction            (45,000) §108(e)(5)[22]                  
                         Selling costs         (8,475)                                 
                         Selling price        171,525                                  
                         Basis                (54,361)                                 
                         Gain            $ 117,164.36[23]                              
          [Reproduced literally.]                                                      
          Respondent further determined in the notice that petitioners are             
          liable for each of their taxable years 1999 and 2000 for the                 


               20Respondent made the $47,700 adjustment under sec.                     
          108(e)(5) to reflect that petitioners forgave the second loan                
          with respect to lot 5.                                                       
               21The parties agree that if the Court were to sustain re-               
          spondent’s determination that the December 2, 1999 transaction               
          constitutes a sale of lot 5 by petitioners, the gain resulting               
          from that sale must be calculated by using the correct amount of             
          petitioners’ adjusted basis in that lot, i.e., $168,494.                     
               22Respondent made the $45,000 adjustment under sec.                     
          108(e)(5) to reflect that petitioners forgave the second loan                
          with respect to lot 12.                                                      
               23The parties agree that if the Court were to sustain re-               
          spondent’s determination that the June 14, 2000 transaction                  
          constitutes a sale of lot 12 by petitioners, the gain resulting              
          from that sale must be calculated by using the correct amount of             
          petitioners’ adjusted basis in that lot, i.e., $52,466.                      





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