- 7 - properties. Consequently, at trial we sustained respondent's disallowance of the related expenses as deductions under section 162 or 212 due to a failure by petitioner to prove that he was engaged in an activity for profit with respect to these properties. Sec. 183. Even so, the real estate taxes petitioner paid on these properties could be deductible under section 164 and allowable under section 183(b)(2). Brannen v. Commissioner, 78 T.C. 471, 499-500 (1982), affd. 722 F.2d 695 (11th Cir. 1984). Section 164, however, is an itemized deduction. See sec. 63(d); sec. 62(a). Section 63 and the regulations thereunder do not authorize the election to itemize deductions unless a return is filed. Sec. 63(e)(1). Because petitioner failed to file a return for the year in issue, he did not make the required election. Consequently, petitioner is not entitled to any itemized deductions for the year. Andreas v. Commissioner, T.C. Memo. 1993-551. Thus, petitioner may not deduct under section 164 any real estate taxes he may have paid in 1991 for the Church Road, Charlotte Street, and Langdon Grove properties. After consideration of the record, we conclude that petitioner's use of the following properties constituted an activity engaged in for profit: 53 Mary Street, Binghamton, New York 99-101 Robinson Street, Binghamton, New York 18 Pleasant Avenue, Binghamton, New York RD 2, Box 133 and Box 134, Conklin, New YorkPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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