- 142 - In the notice for 1991 and 1992, respondent disallowed (1) for 1991 all of the claimed Schedule E expenses with respect to the Church Street property and the Sanchez Street property and (2) for 1992 all of the claimed Schedule E expenses with respect to the Sanchez Street property. Respondent made that determina- tion because, inter alia,96 it has not been established that * * * [the claimed Schedule E expenses] were ordinary and necessary busi- ness expenses or were expended for the purpose desig- nated. * * * nor has it been established that you were at risk per section 465 of the Internal Revenue Code. * * * As an alternative ground for disallowing the claimed Schedule E expenses for 1991 and 1992, respondent determined that the claimed losses are not allowable per Section 469 of the Internal Revenue Code because you did not actively participate in the management of the rental properties and because you have no other passive income to offset the passive losses. With respect to $1,611.10 of the claimed Schedule E expenses 96An additional ground set forth by respondent in the notice for 1991 and 1992 for disallowing all of the claimed Schedule E expenses for those years was that petitioner and Ms. Brodsky had not established an ownership interest in the Church Street property and the Sanchez Street property. On the record before us, we reject that ground. On that record, we have found that at least during part of 1991 and 1992 until the date of the sale of the Church Street property, petitioner owned an interest in that property, although the extent of that interest is not disclosed by credible evidence in the record. We have further found on the record before us that at least during the period beginning in 1991 and ending on the date of the sale of the Sanchez Street property in 1993, petitioner and Ms. Brodsky owned an interest in that property, although the extent of that interest is not disclosed by credible evidence in the record.Page: Previous 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 Next
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