Tim H. Cusick - Page 5

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               Petitioner was advised by his accountant that a partnership            
          return was unnecessary for the Oak Street properties.                       
          Consequently, no partnership return was filed.  Petitioner and              
          the Pughs reported the profits and losses relating to the Oak               
          Street properties on their own respective Federal income tax                
          returns.                                                                    
          Issue 1.  Rental Real Estate Deductions                                     
               Respondent determined that petitioner could not deduct 50              
          percent of the rental real estate expenses for the Oak Street               
          properties and that, further, expenses claimed on petitioner's              
          return had not been substantiated.  Petitioner argues that the              
          joint ownership and operation of the Oak Street properties                  
          constituted a partnership for Federal income tax purposes, in               
          which he had a 50-percent interest.  Accordingly, petitioner                
          claims that he is entitled to deduct 50 percent of the expenses             
          incurred for the Oak Street properties.                                     
               The principal issue for decision is whether petitioner may             
          deduct 50 percent of the rental real estate expenses.  Subsumed             
          in this issue is the question of whether a partnership existed              
          between petitioner and the Pughs for Federal income tax purposes.           
          Petitioner bears the burden of proving, first, the existence of a           
          partnership, and second, his entitlement to the claimed amounts             
          of the rental real estate deductions.  Rule 142(a); Welch v.                
          Helvering, 290 U.S. 111, 115 (1933).                                        





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