- 4 - partnerships. SMC engaged in real estate management activity which was treated by petitioners as a separate activity, not aggregated with any other activities carried on by SMC. During the 1993 and 1994 taxable years, petitioner materially participated in SMC’s real estate management activity in excess of 500 hours. During the 1993 and 1994 taxable years, SMC also conducted other operations in addition to real estate management services, such as recreational services, medical insurance plan underwriting, credit/collection services, and a maintenance training academy. Petitioner did not materially participate in any of these other operations of SMC. Petitioners reported as salary (income), and SMC deducted as an expense, compensation paid to petitioners for services related to the conduct of the real estate management activity for the 1993 and 1994 taxable years. SMC separately reported management fee income (after deduction of expenses) on petitioners’ 1993 and 1994 Schedules K-1. The portion of the management fee paid by the partnerships to SMC (and allocable to petitioner’s ownership percentage in each partnership) was deducted and resulted in ordinary losses from trade or business on either petitioner’s Schedules K-1 for the 1993 and 1994 taxable years or on the Schedules K-1 of upper tier partnerships and S corporations for the 1993 and 1994 taxable years. In computing their taxable income for the 1993 and 1994 years, petitioners treated the totalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011