- 5 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011