- 144 - erty.99 With respect to the claimed Schedule E expenses for 1991 and 1992 relating to the Sanchez Street property, petitioner contends that respondent conceded prior to the further trial that peti- tioner had substantiated the total amounts of expenses with respect to that property that were paid during those respective years. Petitioner claims that respondent’s counsel made that concession during a meeting held less than a week before the further trial in this case (meeting in question), which peti- tioner’s counsel Martin A. Schainbaum, Mr. Sutton, respondent’s counsel, and Mr. Oliveras attended. At the meeting in question, respondent’s counsel and Mr. Oliveras reviewed certain documents (petitioner’s documents) that petitioner’s representatives brought to that meeting, which petitioner contends substantiate the total amounts of expenses relating to the Sanchez Street property that were paid during 1991 and 1992, respectively. During the testimony of Mr. Sutton at the further trial in this case, petitioner attempted to introduce into the record 99Because we have found that petitioner has failed to carry his burden of establishing that he is entitled to deduct for 1991 any of the claimed Schedule E expenses relating to the Church Street property, petitioner does not have a loss for that year relating to that property. Assuming arguendo that we had found that petitioner did have a loss for 1991 relating to the Church Street property, we find on the record before us that petitioner has failed to carry his burden of establishing the amount with respect to which he was at risk under sec. 465 for that property for that year. See sec. 465(a) and (b). We further find on that record that petitioner has failed to carry his burden of estab- lishing that any loss relating to the Church Street property for 1991 did not constitute a passive activity loss under sec. 469 for that year. See sec. 469(a), (c).Page: Previous 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 Next
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