Sandy Lake Road Limited Partnership, J. Steve Anderson III, Tax Matters Partner - Page 2

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               164(a)(1), I.R.C., and therefore must be deducted                      
               rather than used to offset the amount realized on the                  
               disposition of real property.  Waxenberg v.                            
               Commissioner, 62 T.C. 594 (1974) and Rev. Rul. 80-121,                 
               1980-1 C.B. 43, applied; Rev. Rul. 73-600, 1973-2 C.B.                 
               47, distinguished.                                                     
                    2.  Held, further, rollback taxes and attorney's                  
               fees related to the determination of such taxes are                    
               incurred "in connection with" property from which                      
               portfolio income is derived, and are therefore expenses                
               allocable to portfolio income.  Sec.                                   
               469(e)(1)(A)(i)(II), I.R.C.; sec. 1.469-2T(d)(4),                      
               Temporary Income Tax Regs., 53 Fed. Reg. 5716 (Feb. 25,                
               1988).                                                                 

               J. Steve Anderson III (tax matters partner), pro se.                   
               Gary L. Bloom, for respondent.                                         


                                 MEMORANDUM OPINION                                   
               NIMS, Judge:  By Notice of Final Partnership Administrative            
          Adjustment (FPAA) dated March 1, 1995, respondent determined                
          adjustments to partnership items for the 1990 taxable year of               
          Sandy Lake Road Limited Partnership (SLR) as follows:                       
               Partnership Items        As Reported    As Adjusted                    
               Farm loss                ($4,807)       - 0 -                          
               Net long-term                                                          
                    capital gain        874,992        $1,217,754                     
               Other deductions                                                       
                    (Sch. K, line 11)   (422,410)      - 0 -                          
               Portfolio deductions     - 0 -          427,217                        
               Net earnings (loss)                                                    
                    self employment     (2,429)        - 0 -                          
               All section references, except where otherwise specified,              
          are to sections of the Internal Revenue Code in effect for the              






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