Steven D. and Teresa M. Kucera - Page 8




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               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 the             








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