- 7 - On November 1, 1989, BMS and the 1203 Partnership executed a document entitled “Real Estate Lease”. This document indicates that the leased premises are “one thousand square feet, more or less, and parking lot in back of building” and that the monthly rental is $720. The term of the lease starts November 1, 1989. The document is signed by Phil Maltzahn, General Partner, on behalf of the 1203 Partnership and by Mike Martin, President, on behalf of BMS. There is a handwritten notation on the document stating “Current lease in effect”. Petitioners timely filed their 1994, 1995, and 1996 joint Federal income tax returns. On Part II of their Schedules E, Supplemental Income and Loss, petitioners reported income from the 1203 Partnership of $15,355, $11,933, and $4,920 for 1994, 1995, and 1996, respectively. This income consists of petitioner’s share of the net rental income from the real estate and office building owned by the partnership. During the 3 years at issue, petitioners owned several rental units which generated losses in each year. They also had passive activity loss carryovers from prior years. Petitioners offset the rental income received from the 1203 Partnership against passive losses from petitioners’ other rental real estate. After consideration of the passive activity loss limitations, petitioners claimed passive activity losses in thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011