Walter Van Eck and Friedgard Van Eck - Page 41

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          have found as rent items constituting gross income only those               
          amounts labeled as "Rental Income".  We sustain respondent's                
          determinations of deficiencies for 1982 through 1985 that are               
          based on the "Additional Income" set forth on Exhibit 201-GK only           
          to that extent.                                                             
          Deductions                                                                  
               1987 Schedule E Loss                                                   
               On Schedule E attached to petitioners' 1987 U.S. Individual            
          Income Tax Return, petitioners claimed a loss from rental                   
          property (identified as "office 10245 Wilsonville, Wilson") of              
          $1,936.02.  Respondent disallowed that loss on the ground, among            
          others, that petitioners had not established that the property              
          was anything other than their personal residence.  On brief, in             
          objection to respondent's proposed finding of fact that                     
          petitioners claimed Walter's office in petitioners' home as a               
          rental property, petitioners argue that the loss in question                
          represents management expenses attributable to rental properties,           
          but not directly attributable to a specific rental property.                
          Petitioners have failed to carry their burden of proving that               
          they incurred the expenses in question or that, indeed, they                
          related to any rental properties owned by one or the other (or              
          both) of them.  Respondent's disallowance is sustained.                     









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