Ronald B. and Annette C. Talmage - Page 67




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         constituted bona fide loans.  On this record, the Court finds that           
         petitioner failed to report these amounts as income in the                   
         respective years.                                                            
         III. Whether Petitioner Failed To Report Gains From the Sale of              
              the Rental Property in Vancouver, Washington, and the                   
              Vacation Home in Black Butte, Oregon                                    
              A.   Background                                                         
              Section 61(a)(3) defines gross income for purposes of                   
         calculating taxable income as all income from whatever source                
         derived, including gains derived from dealings in property.                  
         Section 1 imposes a tax on individuals for taxable income                    
         received.24                                                                  
              From the time the Vancouver and Black Butte properties were             
         purchased in 1990 through the year of sale, 1998, the Talmages               
         resided in Japan.  At trial, petitioner testified that the loans             
         used to purchase the Vancouver and Black Butte properties were in            
         his and Kumiko Talmage’s names and the properties were titled in             
         both their names.  Kumiko Talmage testified she and petitioner had           
         equal ownership interests in both properties.  On brief,                     
         petitioner stated both he and Kumiko Talmage signed the closing              
         documents when each property was sold.  Third-party payor                    
         information reported that petitioner was paid the proceeds from              
         the sale of each property.  Additionally, the proceeds from the              


               24 Neither party asserted that the Vancouver or the Black              
          Butte property was community property.                                      






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