Ronald B. and Annette C. Talmage - Page 68




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         sale of each property were used for the Talmages’ personal                   
         expenses and to develop the Rivercliff property.                             
              The Court finds respondent established the requisite                    
         evidentiary foundation connecting petitioner and Kumiko Talmage              
         with the receipt of the proceeds from the sale of both the                   
         Vancouver and Black Butte properties in 1998.  See Edwards v.                
         Commissioner, 680 F.2d 1268, 1270 (9th Cir. 1982); Weimerskirch v.           
         Commissioner, 596 F.2d 358, 361-362 (9th Cir. 1979), revg. 67 T.C.           
         672 (1977); Petzoldt v. Commissioner, 92 T.C. 661, 689 (1989);               
         McManus v. Commissioner, T.C. Memo. 2006-68.                                 
              B.   Vancouver Property                                                 
              Petitioner contends that Kumiko Talmage was the sole owner of           
         the Vancouver property because he was opposed to purchasing the              
         property, he was not involved in leasing the property, and he did            
         not report income earned or claim losses incurred from leasing the           
         property.  Thus, petitioner asserts he was not required to report            
         any of the $31,231 gain from the sale of the Vancouver property on           
         his 1998 return.25                                                           
              Petitioner’s own testimony and the record clearly show                  
         petitioner and Kumiko Talmage owned the Vancouver property                   
         jointly, and they recognized $31,231 of gain on its sale.                    
         Petitioner was not a credible witness, and outside of his self-              


               25 Petitioner filed his 1998 return as married filing                  
          separately.                                                                 






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