Stanley P. Zurn - Page 33

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          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 failed           







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