Michael F. & Jane H. Connor - Page 4




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          from the rental of another property listed as Jefferson Manor               
          Apartments.  They reported carryover passive losses of $23,106              
          and $45,830 for 1993 and 1994, respectively.                                
               Petitioners used $10,490 and $15,906 of the passive losses             
          to offset the Rochester Street building rent and reduced the                
          amounts of rent to the amounts of $13 and $31 for 1993 and 1994,            
          respectively.  Petitioners further reduced the amounts of rent to           
          $0 for both years after deduction of passive losses from a                  
          partnership listed as Dodge Corners Inv. Cl. in the amounts of              
          $13 and $31 for 1993 and 1994, respectively.  Thus, petitioners             
          used total passive losses of $10,503 ($10,490 + $13) and $15,937            
          ($15,906 + $31) to offset the rental incomes from the Rochester             
          Street building for 1993 and 1994, respectively.                            
               Respondent determined that the rental profits from the                 
          Rochester Street building are nonpassive income and therefore               
          were not allowable to offset petitioners' passive losses.  As               
          respondent stated in the notice of deficiency:                              
               On Schedule E of your 1993 AND [sic] 1994 returns, you                 
               reported net profits from your rental properties in the                
               amounts of $10,503 in 1993 and $15,937 in 1994.  You treated           
               these profits as passive income which you than [sic] used to           
               offset passive losses.  It has been determined that these              
               rental net profits are nonpassive income and therefore                 
               unallowable to offset your passive losses. Therefore, your             
               taxable incomes for 1993 and 1994 are increased by $10,503             
               and $15,937, respectively.                                             
          Respondent also adjusted petitioners' itemized deductions for               
          both years, child care credit for 1993, and the exemptions                  






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