- 30 - the installment note is not gross income derived in the ordinary course of a trade or business. Alternatively, petitioner argues that, even assuming that petitioner's interest income is treated as portfolio income, respondent has incorrectly allocated all of petitioner's business expenses to its rental income and, thereby, respondent has overstated the amount of the deductions that are disallowed under section 469. Set forth below are schedules that show the allocation of expenses made in the notice of deficiency, the allocation of expenses that petitioner contends is appropriate, respondent's allocation, and the difference between the two allocations: Notice ofPetitioner'sRespondent's Allocation of Expenses for 1992 DeficiencyAllocation Allocation Difference Rental receipts $48,633.00$48,633.00$48,633.00-0- Capital gain, installment sales10,364.0010,364.0010,364.00 -0- Income from rental activity58,997.0058,997.0058,997.00 -0- Officer compensation39,750.0014,906.2539,750.00 ($24,843.75) Auto expense 1,417.00531.38 1,417.00 (885.62) Insurance 1,699.001,699.00 1,699.00 -0- Interest 8,136.008,136.00 8,136.00 -0- Labor 5,869.005,869.00 5,869.00 -0- Legal and accounting2,096.00692.52 692.52 -0- Miscellaneous 627.00 207.16 627.00 (419.84) Repairs and maintenance2,043.002,043.00 2,043.00 -0- Supplies 389.00 128.53 389.00 (260.47) Taxes Payroll 3,267.881,225.46 3,267.88 (2,042.42) Real estate -0- -0- -0- -0- Franchise/Income 5,383.781,778.80 1,778.80 -0- Utilities and telephone395.00 130.50 395.00 (264.50) Yard work and mowing3,590.003,590.00 3,590.00 -0-Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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