- 2 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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