Paul S. and Sharon E. Talchik - Page 6

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          deduction is carried forward and deductible in succeeding taxable           
          years to the extent of net investment income in those years.3               




                                             Decision will be entered                 
                                             for respondent.                          




















               3    On their income tax return for 1999, petitioners also             
          reported Schedule E income of $17,569 from two sources, the                 
          rental of a commercial building and an apartment partnership.               
          Although petitioners, in their petition and at trial, did not               
          allege or claim the $17,569 to be net investment income, the                
          Court, nevertheless, after trial, ordered the parties to address            
          this income item since, under sec. 163(d)(4)(B), "investment                
          income", in part, includes gross income from "property held for             
          investment", subject, however, to limitations under sec.                    
          163(d)(5)(A)(ii).  Based on the reports filed by the parties, the           
          Court is not satisfied that the $17,569 in income is outside the            
          realm of the limitations of sec. 163(d)(5)(A)(ii).                          





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