Matti Kosonen - Page 12




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          his rental losses if he elected under section 469(c)(7) to treat              
          his rental real estate activities as one activity.                            
          C.   Whether Petitioner Elected on His 1994 Income Tax Return To              
               Treat His Rental Real Estate Activities as One Activity                  
               1.   Whether Aggregating Net Losses From Schedule E on Line              
                    17 of Form 1040 is an Election Under Section 469(c)(7)              
               Petitioner contends that the fact that he aggregated his                 
          losses from his rental real estate activities on his tax returns              
          for 1994 and 1995 shows that he elected under section 469(c)(7)               
          to treat them as one activity.  We disagree.                                  
               To make an election, a taxpayer must clearly notify the                  
          Commissioner of the taxpayer’s intent to do so.  See Knight-                  
          Ridder Newspapers Inc. v. United States, 743 F.2d 781, 795 (11th              
          Cir. 1984).  To make an election, “the taxpayer must exhibit in               
          some manner * * * his unequivocal agreement to accept both the                
          benefits and burdens of the tax treatment afforded” by the                    
          governing statute.  Young v. Commissioner, 83 T.C. 831, 839                   
          (1984), affd. 783 F.2d 1201 (5th Cir. 1986).  A taxpayer has not              
          made an election if it is not clear from the return that an                   
          election has been made.  See Young v. Commissioner, 783 F.2d at               
          1206.                                                                         
               The instructions for the 1994 Form 1040 and Schedules A, B,              
          C, D, E, F, and SE require petitioner to aggregate his rental                 
          real estate losses on line 17 of Form 1040.  Thus, the fact that              








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