- 3 - weekends.2 He sometimes worked for GTE on the weekends but usually spent his weekends in Virginia with his wife, son, and daughter. Petitioner also was involved with 17 rental real estate properties (rental properties) located in Virginia. He and his wife jointly owned nine of these rental properties, two of the others were owned by his brother, and the remaining six were owned by a partnership in which petitioner was a partner. Petitioner devoted some of his personal time during each of the subject years to maintaining and accounting for all of the rental properties. On his 1994 and 1995 Federal income tax returns, petitioner recognized losses of $115,977 and $92,037, respectively, attributable to the rental properties. Respondent determined that these losses were passive losses the recognition of which was prohibited by the passive activity loss rules of section 469. OPINION Respondent determined and argues that petitioner may not deduct his claimed losses on account of the rules of section 469, 2 Petitioner asks the Court to find as a fact that he worked in Massachusetts fewer than 3 days a week, referencing his 1994 and 1995 Massachusetts nonresident income tax returns reporting that he worked in Massachusetts during those respective years on 96 days and 86 days. We decline to do so. The record as a whole indicates that petitioner was physically present in Waltham at least 46 weeks while he worked for GTE, less 25 percent of that time during which he was physically absent from Waltham while conducting business for GTE.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011