118 T.C. No. 17 UNITED STATES TAX COURT DAVID H. AND SUZANNE HILLMAN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent* Docket No. 19893-97. Filed April 9, 2002. P’s S corporation (S) performed management services for real estate partnerships in which P had direct and indirect interests. P actively participated in S by performing management services that S had contracted to perform for the partnerships. P was not an active participant in any of the partnerships. On the Schedule K-1 issued to P from S, P’s portion of the management income was reduced by the portion of the corresponding management fee expense paid by the partnerships to S in an amount proportionate to P’s ownership percentage in each partnership. The reduction from the management income was treated as a loss from a trade or business. R disallowed the management fee expense deductions on the grounds that the expenses were passive within the meaning of sec. 469, I.R.C., and that P was not entitled to treat the *This Opinion supplements a previously released opinion: Hillman v. Commissioner, 114 T.C. 103 (2000).Page: 1 2 3 4 5 6 7 8 9 10 11 12 Next
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