-33- with California precedent. Accordingly, petitioner is entitled to $12,000 alimony deduction for each taxable year in issue and the $11,988 disallowance is in error. Issue 5. Whether Petitioner Is Entitled To Claim a Loss From a Real Estate Activity, and, If So, the Character of Such a Loss Petitioner owned several properties in Texas. B.R. Pritchett (Mr. Pritchett) was the president of Third Aquarius Corp., which was involved in real property management and renovation. Mr. Pritchett sought funds from petitioner to invest in renovation activity, and petitioner advanced $25,000 and $20,000 during 1982. In 1985, petitioner asked Mr. Pritchett for the return of some of his investment. Mr. Pritchett told petitioner that times for the real property business were tough and that many people were losing money. Petitioner then hired an attorney in Dallas, Texas, and provided the attorney with information relating to Mr. Pritchett’s activities. Ultimately, in 1985 petitioner’s attorney commenced a lawsuit against Mr. Pritchett to recover petitioner’s money. A lis pendens was filed with respect to certain of Mr. Pritchett's real property at the time of commencement of the lawsuit. Petitioner never recovered any amount of the money advanced to Mr. Pritchett. Petitioner claimed a $35,000 loss for his 1986 taxable year, which respondent disallowed on the grounds that petitioner failedPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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