- 10 - activity for mortgage interest in each year, no deductions were allowed for “other interest.” The Schedule E rental income and expense deductions set forth in the notice of deficiency were as follows: 1994 1995 Income $32,019 $81,603 Expenses Advertising $300 $117 Car & truck 2,085 5,204 Cleaning & maintenance 26 -0- Legal & professional159 -0- Mortgage interest 8,087 13,885 Repairs & maintenance10,729 10,066 Supplies 592 -0- Taxes & licenses 582 1,885 Utilities 1,404 4,139 Lot rent 5,770 15,715 Wages -0- 2,583 Insurance 1,179 3,721 Depreciation 1,323 6,701 Other 214 -0- Total 32,450 64,016 Sch. E rental income (loss)(431) 17,587 We accept petitioner’s testimony concerning the existence and nature of the $60,000 loan, corroborated by the above detailed payments and respondent’s determination that petitioners were conducting a rental activity in 1994 and 1995. We hold that petitioners are entitled to rental expense deductions for interest payments of $4,500 in 1994 and $5,000 in 1995. We briefly note that respondent has not argued that petitioner’s rental activity was either passive or related to property held for investment. See sec. 163(d); sec. 469. Nothing in the record indicates that the additional deductions allowed by our holding in this case are limited under either section 163(d) or section 469, and we so hold.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011