EDWARD D. HAMILTON AND YOLONDA B. HAMILTON - Page 2

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          tax.  We decide whether petitioners’ lottery winnings are                   
          includable in their adjusted gross income for purposes of                   
          applying the $25,000 offset of section 469(i).  We hold they                
          are.2                                                                       
                                     Background                                       
               The facts in this background section are obtained from the             
          parties’ stipulation of facts and the exhibits submitted                    
          therewith.  Petitioners resided in Los Angeles, California, when            
          their petition was filed.                                                   
               Petitioners filed a joint 2000 Form 1040, U.S. Individual              
          Income Tax Return.  They reported on that return the following              
          items of income (loss) which they realized during 2000:                     
               Wages                              $118,053                            
               Interest                              4,731                            
               Refunds                                 872                            
               Rental real estate                  (22,300)                           
               California State lottery winnings   136,041                            
          Total income             237,397                                            
          The rental real estate is a “passive activity”, sec. 469(c)(2),             
          in which petitioners actively participated.                                 
                                     Discussion                                       
               Respondent determined that the phase-out rules of section              
          469(i)(3) preclude petitioners from currently deducting any of              
          their rental real estate loss.  Under that section, individual              
          taxpayers such as petitioners who actively participate in a                 

               2 We decide this case on its merits and without regard to              
          which party bears the burden of proof.                                      





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