ESTATE OF O'LEARY v. COMMISSIONER

Docket No. 6136-84.

51 T.C.M. 1073 (1986)

T.C. Memo. 1986-212

Estate of Harlan O'Leary, Eloice B. O'Leary, Joseph Lee O'Leary, Gary Patrick O'Leary, and Donna Darlene O'Leary, Executors, and Eloice O'Leary v. Commissioner.

United States Tax Court.

Filed May 27, 1986.


Attorney(s) appearing for the Case

Towner Leeper, 661 Mesa Hills, El Paso, Tx., for the petitioners. Marion S. Friedman, for the respondent.


Memorandum Findings of Fact and Opinion

KÖRNER, Judge:

For the calendar years 1978 and 1979, respondent determined deficiencies in the joint income tax liability of Harlan O'Leary and Eloice O'Leary in the respective amounts of $49,794.80 and $73,084.57. After concessions, the issues which we must resolve are: (1) Whether, under the so-called cost-recovery method of reporting gain from the sale of property, petitioners are entitled to charge both periodic...

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