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D. Petitioner’s Income Tax Returns
1. Preparation
John L. Berry Associates prepared petitioner’s 1994 and 1995
income tax returns. In March 1995, John L. Berry (Berry)
contacted the Technical Support Department for Commerce Clearing
House (CCH) to ask how a real estate professional can elect to
treat all of his or her real estate interests as one activity.
The record does not state how CCH answered Berry’s question.
Petitioner timely filed his 1994 return.
2. Petitioner’s 1994 Form 1040, Schedule E, Forms 8582,
and Statements in Support of Forms 8582
a. Petitioner’s 1994 Form 1040 and Schedule E
The Instructions for the 1994 Form 1040, U.S. Individual
Income Tax Return, and Schedules A, B, C, D, E, F, and SE (the
instructions) direct a taxpayer to list on Schedule E,
Supplemental Income and Loss, each rental property, report the
income and loss for each property, calculate the net gain or loss
for each property, and report the combined net gains and losses
on line 17 of Form 1040.
1(...continued)
the taxpayer’s original income tax return for the
taxable year. This statement must contain a
declaration that the taxpayer is a qualifying taxpayer
for the taxable year and is making the election
pursuant to section 469(c)(7)(A). The taxpayer may
make this election for any taxable year in which
section 469(c)(7) is applicable. * * *
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