Douglas E. Kahle - Page 2

                                                - 2 -                                                 
                                        MEMORANDUM OPINION                                            
                 TANNENWALD, Judge:  Respondent determined the following                              
            additions to tax and penalty for petitioner's Federal income                              
            taxes1:                                                                                   
            Year              Additions to Tax I.R.C. Secs.                 Penalty                   
                        6651(a)(1)2   6653(a)(1)(A)      6661                 6662                    
            1988        $9,398.75         $2,950.20         $14,751.00        --                      
            1989        4,978.25          --                --    $4,985.80                           
            After concessions, the issue before us is whether petitioner's                            
            rental operations may be combined with a nonrental partnership                            
            operation, so that petitioner may deduct losses from the rental                           
            operation as nonpassive losses.  Based on our decision on this                            
            issue, we shall have to decide whether petitioner is liable for                           
            additions to tax for delinquent filing, negligence, and                                   
            substantial understatement, and an accuracy-related penalty for                           
            negligence.                                                                               




                 1  There are no deficiencies due, because of net operating                           
            loss carrybacks to the years 1988 and 1989 from the taxable year                          
            1990.  However, it is necessary to determine whether deficiencies                         
            would otherwise have been due (if not for such carrybacks), in                            
            order to determine whether additions to tax are proper.  Auerbach                         
            Shoe Co. v. Commissioner, 21 T.C. 191, 196 (1953), affd. 216 F.2d                         
            693 (1st Cir. 1954), and cases cited thereat; see also Wentz v.                           
            Commissioner, 105 T.C. 1, 2 (1995).                                                       
                 2  Unless otherwise indicated, all section references are to                         
            the Internal Revenue Code in effect for the taxable years in                              
            issue, and all Rule references are to the Tax Court Rules of                              
            Practice and Procedure.                                                                   




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