Steven J. and Michele D. Scagliotta - Page 19

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          in 1984.  The Court concludes from this that petitioner's                          
          expenses relating to his Bridgewater property during 1983, which                   
          he may well have claimed on a 1983 Schedule C of his return, were                  
          minimal, and the trade or business expenses he claimed that year                   
          related to his commodity futures activity, which the IRS may have                  
          recognized as a trade or business activity.  Petitioner could not                  
          have justifiably relied on this IRS position for the 1990 tax                      
          year because the Schedule C for the 1990 tax year did not involve                  
          any expenses relating to the commodity futures activity but only                   
          involved expenses relating to development of the Bridgewater and                   
          Clinton, New Jersey, properties and the $12,500 bad debt                           
          deduction relating to the Knoxville, Tennessee, properties.  The                   
          factual circumstances of 1990, therefore, were totally different                   
          from petitioner's 1983 activity.  The Court, therefore, rejects                    
          petitioner's contention that he relied on the position taken by                    
          respondent on his 1983 return.  With respect to the $12,500 bad                    
          debt deduction claimed on Schedule C of petitioners' 1990 return,                  
          petitioner knew that his debt related solely to the Knoxville,                     
          Tennessee, properties.  Petitioner knew that the rental income                     
          and expenses of these properties did not constitute a trade or                     
          business activity for purposes of section 162(a) because he                        
          reported the rental income and expenses from these properties on                   
          Schedule E of his return, thus correctly treating these                            
          properties as properties held for the production of income.                        





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