Frank R. Courbois - Page 8

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                      are not allowed pursuant to Internal Revenue Code                                  
                      Section 212 because it has not been established                                    
                      that the property is held for the production of                                    
                      income.  The allowable passive activity losses                                     
                      have been adjusted to reflect the disallowance                                     
                      of this loss, figured as shown on the attached                                     
                      Exhibits #1 through #6.                                                            

                The notice of deficiency also determines, as an "alterna-                                
                tive position", that the loss attributable to the Cloudia                                
                is subject to the limitation set forth in section 183.                                   
                The notice of deficiency states as follows:                                              

                      Alternatively, if the determination set forth                                      
                      above is not sustained for the taxable year ended                                  
                      December 31, 1990, see the alternative position                                    
                      pursuant [sic] under Section 183 of the Internal                                   
                      Revenue Code attached.                                                             
                                  *   *   *   *   *   *   *                                              
                      Expenses incurred in connection with an activity                                   
                      not engaged in for profit are generally deduct-                                    
                      ible only to the extent of income from such                                        
                      activity.  However, those expenses which would                                     
                      otherwise be allowable under the Internal Revenue                                  
                      Code are deductible even if they exceed the                                        
                      income from the activity, but reduce the amount                                    
                      of income against which other expenses can be                                      
                      offset.  The other expenses then offset the                                        
                      reduced income in the following order:  (1)                                        
                      operating expenses other than depreciation and                                     
                      (2) depreciation and other basis adjustment                                        
                      items.  Accordingly, your taxable income for                                       
                      taxable year ended December 31, 1990, is                                           
                      decreased $557.  * * *                                                             

                      Notwithstanding the amount of the adjustment set forth                             
                in the explanation quoted above, respondent determined an                                
                adjustment with respect to petitioner's passive activity                                 




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