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    18 -

1992

3,455

1993

3,455

1994

2,827

Total Deferred gain from sale of Virginia house Sale price Cost Closing costs Deferred gain Adjusted basis Gain on sale

70,000

(9,737)

(57,000)

(3,000)

(10,000)

Sale price Closing costs

Amount realized Purchase price Closing costs Improvements

Cost basis Depreciation allowed

$334,000 (20,300)

87,900 1,214 153,435

$242,549

$313,700

(222,812) 90,888

Respondent increased pe

titioner’s cost basis in the New

Jersey house by $153,435 for

improvements petitioner made to the

house.

Respondent

included

in the improvements to the New Jersey

house $20,000 petitioner est

ablished he incurred in 1984 for

modifications to the kitchen

.

Petitioner

asserts

that

he

spent

$22,500 for modifications to

the kitchen of the New Jersey house.

Respondent’s determinat

ions are presumed to be correct and

petitioner bears the burden

of proof on all issues in these

cases.

9

See

Rule

142(a)(1);

Welch v. Helvering, 290 U.S. 111,

9Sec. 7491, which is effective for court proceedings arising in connection with examinations commencing after July 22, 1998,

shifts the burden of proof to the Commissioner in certain circumstances and places on the Commissioner the burden of production with respect to penalties and additions to tax.

Sec.

7491 is inapplicable in these cases because the examination of petitioner and Mrs. Wood’s returns commenced in December 1997.

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