David H. and Suzanne Hillman - Page 4




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          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 total           






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Last modified: May 25, 2011