Tony R. Carlos and Judith D. Carlos - Page 4

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          Bear Valley Road property of $102,646 in 1999 and $102,045 for              
          2000.                                                                       
               The restaurant agreed to pay rent of $60,000 per year to               
          petitioners for the John Glenn Road property.  The restaurant               
          failed to pay its designated rent in 1999 and 2000, which, after            
          mortgage interest, taxes, depreciation, and amortization incurred           
          by petitioners, resulted in a net loss to petitioners for the               
          John Glenn Road property of $41,706 in 1999 and $40,169 in 2000.            
               Petitioners grouped the rental properties together to                  
          constitute a single “activity”.  On Schedules E, Supplemental               
          Income and Loss, of their 1999 and 2000 income tax returns,                 
          petitioners netted the income from the Bear Valley Road property            
          and the loss from the John Glenn Road property.  For 1999,                  
          petitioners subtracted the $41,706 net loss on the John Glenn               
          road property from the $102,646 net income on the Bear Valley               
          Road property, resulting in net rental income of $60,940.                   
          Similarly, for 2000, petitioners subtracted the $40,169 net loss            
          on the John Glenn Road property from the $102,045 net income on             
          the Bear Valley Road property, resulting in net rental income of            
          $61,876.  Petitioners reported the net rental income as not from            
          a passive activity and reported no passive activity loss.                   
               Respondent disallowed petitioners’ net losses on the John              
          Glenn Road property under section 469(a) as passive activity                
          losses.                                                                     






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