Frank R. Courbois - Page 9

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                losses in the amount of $74,763.  The notice of deficiency                               
                does not explain how this adjustment was computed or why                                 
                it is $413 more than the deduction claimed with respect to                               
                the Cloudia.  The amount of the adjustment appears to be                                 
                the difference between the aggregate amount deducted on                                  
                Schedule E, $78,751, and the current year loss with                                      
                respect to the property at 1813-15 NW 12th, $3,988.  Thus,                               
                it appears that in computing the adjustment respondent                                   
                disallowed a current loss with respect to the property at                                
                2709 NW 12th in the amount of $113 and disallowed losses                                 
                accumulated from prior years with respect to the properties                              
                at 1813-15 NW 22d and 1809 Carey Place in the amount of                                  
                $617 and $1,172, respectively.                                                           

                                                OPINION                                                  
                      The principal issue in this case involves respondent's                             
                disallowance of $74,763 of the deductions claimed by                                     
                petitioner on the Schedule E, Supplemental Income and Loss,                              
                filed as part of petitioner's 1990 return.  Petitioner                                   
                argues that this amount is deductible under section 212(1)                               
                or (2).  The premise of petitioner's argument is that the                                
                entire amount of the adjustment is attributable to                                       
                "Petitioner's conduct of the Cloudia activity".  However,                                
                according to petitioner's 1990 return, after applying the                                
                passive loss limitation rules of section 469, petitioner                                 




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