Alvin Victor Bracey - Page 13

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          property as well as recurring income such as rent.  Mitchell v.             
          Commissioner, 47 T.C. 120, 128 (1966).  In light of petitioner's            
          other real estate activities in Florida, we believe he originally           
          acquired and held the house with the expectation of realizing               
          gain upon its disposition.  We conclude that petitioner                     
          reasonably believed that the house was depreciable.  Therefore,             
          he had reasonable cause and acted in good faith, and the                    
          underpayment arising from the disallowed depreciation is not                
          attributable to negligence.  Secs. 6662(b)(1), 6664(c)(1); see              
          Rezazadeh v. Commissioner, T.C. Memo. 1996-245, affd. without               
          published opinion 132 F.3d 36 (7th Cir. 1997).                              
          Miscellaneous Expenses                                                      
               The following chart lists various additional expenses                  
          claimed by petitioner on Schedule C for 1990 and 1991 that were             
          challenged by respondent.  The second column shows the amount to            
          which the parties have stipulated that petitioner is entitled,              
          the third column shows the amounts originally claimed by                    
          petitioner on his returns, and the fourth column shows the                  
          difference; i.e., the amount petitioner claimed to which he now             
          concedes he is not entitled.                                                
          Expense             Stipulated          Claimed        Difference           
          1990 Taxes          $2,719              $3,100         $381                 
          1991 Taxes          4,976               6,139          1,163                
          1990 Utilities      1,637               1,861               224             
          1991 Miscellaneous1    7,101            9,942          2,841                
               1Aggregate figure for legal fees, utilities, insurance, and            
          rent.                                                                       




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