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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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