Vincent S. Sciabica - Page 7




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          share of income from VBR’s trade or business activity of                    
          operating bowling alleys under the exception in section 1.469-              
          4(d)(1)(A), Income Tax Regs., on the ground that the rental                 
          activity is “insubstantial” in relationship to the business                 
          activity of VBR.  Petitioner merely makes this assertion without            
          citing any applicable authority and without any legal analysis.             
               The record lacks any evidence to support the argument that             
          the rental activity was insubstantial with respect to VBR’s trade           
          or business.  Therefore, we hold that petitioner cannot group               
          together his rental activity and VBR’s trade or business for                
          purposes of the passive activity loss limitations of section 469.           
               For all the foregoing reasons, respondent’s determinations             
          in the notice of deficiency are sustained.                                  
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                             for respondent.                          

















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