Frank R. Courbois - Page 7

                                                 - 7 -                                                   

                Loss                (113)        (3,988)        --           (33,155) --                 
                Deductible rental loss     (113) (3,116)        (1,172)      (74,350) (78,751)           

                      Petitioner treated his activities with respect to the                              
                Cloudia and the three residential rental properties                                      
                identified on Schedule E as passive activities within the                                
                meaning of section 469(c).  Accordingly, petitioner filed                                
                Form 8582, Passive Activity Loss Limitations, with his 1990                              
                return.  In substance, the losses deducted on Schedule E in                              
                the aggregate amount of $78,751 were computed as follows:                                
                                   2709      1813-15                                                     
                Activity           NW 12th   NW 22d    1809 Carey Pl.  Cloudia     Total                 
                Current year gains $19,788   --        $58,963         --        $78,751                 
                Current year loss  (113)     ($3,988)  --              ($33,155) --                      
                Accumulated loss   --        (617)        (1,172)      (76,738)  --                      
                Total gains        19,675    --        57,791          --        77,466                  
                Total losses       --        (4,605)   --              (109,893) (114,498)               
                Ratio of losses    --        0.04022   --         0.95978        1                       
                Allowed losses     --        (3,116)   --              (74,350)  (77,466)                
                Passive activity                                                                         
                loss carryforward  --        (1,489)   --              (35,543)  (37,032)                
                Amount deducted    (113)     (3,116)   (1,172)         (74,350)  (78,751)                

                      In the subject notice of deficiency, respondent                                    
                determined that petitioner is not entitled to deduct the                                 
                loss claimed on Schedule E with respect to the Cloudia.                                  
                The notice of deficiency explains this adjustment as                                     
                follows:                                                                                 

                      It is determined the Schedule E passive                                            
                      activity loss of $74,350.00 relating to the                                        
                      vessel, Cloudia, is disallowed because it                                          
                      has not been established that the property is                                      
                      held for use by customers pursuant to Internal                                     
                      Revenue Code Temporary Regulation 1.469-1T(e)(3)                                   
                      and 1.469-4T(b).  In addition, the deductions                                      





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Last modified: May 25, 2011