Sidney C. Shaw - Page 13




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               Property                              1995      1996                   
               Over the Road Trailers              $22,357 $16,489                    
               Warehouse (Stillwater)                  600       600                  
               Buy N Bye #7                         32,128    34,791                  
               Buy N Bye #6, #12, #13              306,272 330,688                    
               Conoco Cmart #16                     52,644    87,868                  
               Office building (Stillwater)         (6,838)   20,688                  
               Carwash (Ponca City)                   --   21,000                     
               Buy N Bye #2                       (24,856) (14,446)                   
               Western Sizzlin’ PC                      -- (114,811)                  
               Airplane                           (355,147) (255,096)                 
               Total nonpassive income/(loss)      $27,160 $127,771                   
               Petitioner did not attach to his 1995 or 1996 tax return an            
          election to treat all interests in rental real estate as a single           
          rental real estate activity.                                                
          Notice of Deficiency                                                        
               Respondent’s examination of petitioner’s tax liability                 
          commenced on May 13, 1997.  A statutory notice of deficiency for            
          1995 and 1996 was mailed to petitioner on December 8, 1999.  In             
          the notice of deficiency, respondent disallowed petitioner’s                
          losses for 1995 and 1996.                                                   
                                       OPINION                                        
               Respondent reclassified petitioner’s Schedule E activities             
          from nonpassive to passive activities and disallowed the losses             
          claimed by petitioner based on the passive loss limitations under           
          section 469.  In deciding whether petitioner is allowed to deduct           
          his losses, we must address multiple issues.  The deductibility             
          of the losses from petitioner’s ownership interest in Shaw Ltd.             
          depends on whether petitioner materially participated in Shaw               






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Last modified: May 25, 2011