Kenneth and Dorothy Hitchen - Page 10

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               For 1989, petitioners filed a return that reflected a                  
          farming loss of $45,693, resulting in a tax liability of $103.              
               The partnership loss claimed by petitioners in 1987 was                
          claimed on a Schedule E, Supplemental Income Schedule.4  An                 
          attachment to the 1987 return stated that the loss of $4,226 was            
          a nonpassive ordinary loss from RCR 85-2.  The farming losses               
          claimed by petitioners in 1987, 1988, and 1989, were reported on            
          Schedules F, Farm Income and Expenses.  Each of the Schedules F             
          listed petitioners as the proprietors of the farming activity,              
          and each stated that petitioners materially participated in the             
          operation during the relevant year.  The losses were derived as             
          follows:                                                                    
               1987       1988       1989                                             
               Gross income         -0-        -0-        -0-                         
               Depreciation     $(43,530)   $(38,693)   $(38,693)                     
               “Board expense”    (1,500)       (750)     (7,000)                     
               (Loss)            (45,030)    (39,443)    (45,693)                     
          No other expenses related to the farming activities were listed             
          on the Schedules F.  The “Detail Depreciation Schedule”                     
          accompanying petitioners’ return in each of these 3 years                   
          described the depreciable property as “breeding sheep”.                     


          4Only the first two pages of petitioners’ 1986 return appear                
          in the record.  Therefore, the details surrounding petitioners’             
          claimed partnership loss and general business credit in that year           
          are unknown.  We also note that the record is silent as to                  
          whether, and if so how, the 1986 taxable year--which is not                 
          before the Court in these cases--was resolved by petitioners and            
          respondent.                                                                 





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