- 4 - $2,414. Petitioners did not report any gain or loss with respect to the foreclosures on the ten parcels in their 1994 and 1995 tax returns. On January 11, 1994, Franz Huber and Nancy Huber (the Hubers) and petitioners entered into a "Lease with Option to Purchase" (lease). Pursuant to the lease, throughout the term of the lease which began on March 1, 1994, and ended on February 28, 1997, the Hubers agreed to lease to petitioners, and petitioners agreed to pay the Hubers monthly rent of $2,200 for, certain real property located in Temecula, California, which petitioners used as their personal residence (personal residence). The Hubers also granted to petitioners in the lease the option to purchase for $389,000 the personal residence, which petitioners could exercise at any time during the period March 1, 1994, through February 28, 1997, by giving 60 days' written notice to the Hubers. Petitioners did not claim any mortgage loan interest deductions with respect to the personal residence in their 1994 return. In the notice of deficiency (notice) issued to petitioners for 1994, respondent disallowed the expenses that they claimed in their 1994 Schedule C because they did not establish that those expenses were paid or incurred during 1994 and/or that they were ordinary and necessary expenses within the meaning of section 162(a). Respondent further determined in the notice that the net profit that petitioners reported in their 1994 Schedule C should be increased by the amount of those disallowed expenses and that,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011