Fortunato J. Mendes - Page 18

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               The foregoing statements are tantamount to an admission                
          that, regardless of the amount of (1) dividends, interest and/or            
          capital gains attributable to his Merrill Lynch account and/or              
          other sources and (2) profits from his law practice (for which              
          petitioner did report a small profit for 1987), petitioner always           
          anticipated that losses generated by his rental activities would            
          be sufficient to offset such income, thereby resulting in no tax            
          liability to petitioner.  Moreover, for the audit year, the                 
          reported expenses attributable to petitioner’s rental properties            
          were almost 250 percent greater than the reported rental income.            
          That disparity between expense and income further supports the              
          conclusion that petitioner operated his rental properties without           
          a good faith objective of generating a profit.  Therefore, we               
          reject petitioner’s claim, raised at trial, to Schedule E losses.           
          V.  The Dependency Exemptions                                               
               Section 151(a) and (c)(1) allows deductions for exemptions             
          for dependents.  In order to be entitled to dependency exemptions           
          for three of his children, petitioner must show that each child             
          meets the statutory definition of “dependent”, which, under                 
          section 152(a)(1), includes a son or daughter over half of whose            
          support, for the taxable year, is provided by the taxpayer.                 
          Under section 151(c)(1)(B), each child must be either under 19              
          years of age or a student under 24 years of age, at yearend.                
               Petitioner offered no evidence that the foregoing statutory            






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