- 19 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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