- 67 - 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.Page: Previous 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 NextLast modified: March 27, 2008