- 9 - to deduct the $12,500 business bad debt expense because petitioners had not established that the debt became worthless in 1990, nor had petitioners proven that the debt was a business bad debt such that a partial amount of the debt could be deducted under section 166(a)(2). Respondent determined that the remaining expenses of $25,226 claimed on Schedule C were not allowable because petitioners had not established that petitioner's real estate development and marketing activity constituted a trade or business under section 162. Alternatively, respondent determined that, if petitioner's activity did constitute a trade or business, the expenses represented startup expenses that should have been capitalized under section 195 pursuant to an appropriate election by petitioners. Substantiation of the expenses claimed by petitioners is not at issue.4 Respondent made no adjustments to the Schedule E rental income and expenses reported by petitioners. 4 In the notice of deficiency, $12,710.29 and $548, respectively, for mortgage interest expenses and real estate taxes that were disallowed as trade or business expenses were allowed as itemized Schedule A deductions. The mortgage interest expense of $12,710.29, which related to the Bridgewater and Clinton properties, was treated as investment interest under sec. 163(d)(3), and, after applying the limitation of sec. 163(d), $5,348 was allowed as a deduction for 1990, with the remainder allowed as a carryforward of disallowed interest under sec. 163(d)(2). Respondent further allowed petitioners an itemized deduction of $1,389 for State income taxes and disallowed the standard deduction of $5,450 claimed by petitioners on their 1990 return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011