- 13 - 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 ShawPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011