Thomas W. Burton - Page 3




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               Respondent determined a deficiency of $26,921 in                       
          petitioner's 1995 Federal income tax and a section 6662(a)                  
          penalty of $5,384.20.  The parties now agree: (1) Mortgage                  
          interest and property tax claimed on petitioner's Schedule F,               
          Profit or Loss From Farming, are properly deductible on his                 
          Schedule A, Itemized Deductions, as expenses for a second home,             
          which, together with other changes respondent made to                       
          petitioner's Schedule A, results in a $22,622 increase of                   
          itemized deductions; (2) petitioner is entitled to a net                    
          operating loss carryover of only $1,146 for the 1995 tax year               
          rather than the $64,898 claimed by him; (3) petitioner's Schedule           
          E, Supplemental Income and Loss, rental activities are passive;             
          and (4) petitioner is not liable for the accuracy-related                   
          penalty.                                                                    
               This Court must decide: (1) Whether petitioner is entitled             
          to deduct Schedule C expenses which respondent disallowed in the            
          amounts of $4,633 for meals and entertainment, $6,533 for travel,           
          and $19,113 for interest; (2) whether petitioner's farm activity            
          was engaged in for profit during 1995 and, if so, whether it was            
          a passive activity; and (3) whether petitioner is entitled to a             
          Schedule E rental loss in the amount of $3,712.                             
               Some of the facts in this case have been stipulated and are            
          so found.  Petitioner resided in Newport Beach, California, at              
          the time he filed his petition.                                             






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