Jerome J. and Beatrice A. Mack - Page 12

                                        -  -12                                           
               In 1987, petitioners claimed a depreciation expense of                 
          $1,200 on their Federal income tax return which brought                     
          petitioner's basis in the Third Street Property building and all            
          improvements to zero.  Petitioners claimed total depreciation               
          expenses in the amount of $43,318 in connection with the Third              
          Street property.                                                            
               On the Schedule E attached to Mr. Moosbrugger's 1987 Federal           
          income tax return, Mr. Moosbrugger reported rental income from              
          the Third Street property in the amount of $7,425.  He also                 
          deducted interest in the amount of $6,123, taxes in the amount of           
          $2,183, and claimed a depreciation expense in the amount of                 
          $1,200.  The rental income shown and the depreciation claimed are           
          identical to the amounts disclosed by petitioners on their 1987             
          Federal income tax return.  The interest and tax expenses claimed           
          by Mr. Moosbrugger vary slightly from such expenses claimed by              
          petitioners for the taxable year 1987.                                      
               Mr. Moosbrugger's 1988 Federal income tax return did not               
          reflect any depreciation expenses related to the Third Street               
          property.                                                                   
               On the law partnership's Form 1065, U.S. Partnership Return            
          of Income for the year 1987, no depreciation was claimed for the            
          Third Street Building.  However, the partnership did claim an               
          expense in the amount of $9,155 connected with a rental.                    
               On the law partnership's 1988 Form 1065, U.S. Partnership              
          Return of Income, income from real estate activities totaled                




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