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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).
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