- 32 - (25/40) "searching for property to buy and customers to which to sell his property." Petitioner also argues that its expenses for miscellaneous, supplies, utilities and telephone, legal and accounting, and franchise and income taxes should be allocated to petitioner's rental activity in the same ratio as petitioner's rental income bears to total income; i.e., 33.04 percent in 1992 and 32.04 percent in 1993. Petitioner computes those percentages as follows: 1992 Percent 1993 Percent Rental income $58,997.34 33.04 $54,054.00 32.04 Interest income119,573.90 66.96 114,634.44 67.96 Total income 178,571.24 100.00 168,688.44 100.00 Respondent rejects petitioner's assertion that 62.5 percent of Mr. McKelvey's salary, the payroll tax attributable thereto, and the expense for the automobile furnished to Mr. McKelvey should be treated as nonpassive expenses that can offset portfolio income. Respondent argues that neither collecting monthly note payments nor looking for additional properties to purchase justifies petitioner's allocation. As to the former, respondent points to Mr. McKelvey's testimony that he spends only 1 day per month collecting note payments from his buyers. As to the latter, respondent points out that petitioner did not purchase or sell any real property during 1992 and 1993 and argues that the estimate of the amount of time spent byPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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