Steven J. and Michele D. Scagliotta - Page 9

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          to deduct the $12,500 business bad debt expense because                            
          petitioners had not established that the debt became worthless in                  
          1990, nor had petitioners proven that the debt was a business bad                  
          debt such that a partial amount of the debt could be deducted                      
          under section 166(a)(2).  Respondent determined that the                           
          remaining expenses of $25,226 claimed on Schedule C were not                       
          allowable because petitioners had not established that                             
          petitioner's real estate development and marketing activity                        
          constituted a trade or business under section 162.                                 
          Alternatively, respondent determined that, if petitioner's                         
          activity did constitute a trade or business, the expenses                          
          represented startup expenses that should have been capitalized                     
          under section 195 pursuant to an appropriate election by                           
          petitioners.  Substantiation of the expenses claimed by                            
          petitioners is not at issue.4  Respondent made no adjustments to                   
          the Schedule E rental income and expenses reported by                              
          petitioners.                                                                       

          4                                                                                  
                In the notice of deficiency, $12,710.29 and $548,                            
          respectively, for mortgage interest expenses and real estate                       
          taxes that were disallowed as trade or business expenses were                      
          allowed as itemized Schedule A deductions.  The mortgage interest                  
          expense of $12,710.29, which related to the Bridgewater and                        
          Clinton properties, was treated as investment interest under sec.                  
          163(d)(3), and, after applying the limitation of sec. 163(d),                      
          $5,348 was allowed as a deduction for 1990, with the remainder                     
          allowed as a carryforward of disallowed interest under sec.                        
          163(d)(2).  Respondent further allowed petitioners an itemized                     
          deduction of $1,389 for State income taxes and disallowed the                      
          standard deduction of $5,450 claimed by petitioners on their 1990                  
          return.                                                                            




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