John William Barck & Janie R. Barck - Page 11




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          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.                              





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