Matti Kosonen - Page 16




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               6.   Whether Petitioner Substantially Complied With the                  
                    Requirement To Elect Under Section 469(c)(7)                        
               Petitioner contends that he substantially complied with the              
          requirement to elect under section 469(c)(7).  We disagree for                
          reasons stated above.  Petitioner has not shown that he gave                  
          respondent clear notice that he was making an election under                  
          section 469(c)(7) for 1994 or 1995.                                           
          D.   Conclusion                                                               
               Petitioner treated the rental real estate activities on his              
          1995 return in the same manner as his 1994 return.  We conclude               
          that petitioner did not elect on his 1994 or 1995 return to treat             
          his rental real estate activities as a single activity under                  
          section 469(c)(7).5                                                           
               To reflect the foregoing,                                                

                                                   Decision will be entered             
                                              for respondent.                           












               5  In light of our conclusion, we need not decide                        
          respondent’s contention that sec. 1.469-9(g), Income Tax Regs.,               
          requiring a taxpayer to attach a statement to his or her original             
          return, applies to petitioner’s 1994 return.                                  




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