- 5 - Petitioner, from time to time, went to visit his units to perform repairs and maintenance accompanied, occasionally, by his wife. It was a 785 mile trip each way. When petitioner traveled to the condominium for repairs and maintenance, he and his wife stayed in one of the units. One of those trips was to attend the owners meeting in September. Petitioner attends owners meetings from time to time to "protect my investment". Petitioner performed other activities related to the condominium units. He replied to e-mails, answered the phone to talk to people about the units, updated his online availability calendar, tested and improved his Web site, paid bills, and handled various banking and oversight matters. On petitioners' Federal income tax return for 2000, on Schedule E, petitioners claimed a loss of $17,986 of which $16,703 is attributable to units 518 and 519. Discussion The Court decides this case on the preponderance of the evidence, regardless of the allocation of the burden of proof. Section 7491(a) is therefore inoperative. Section 469 Passive Activity Loss Exemption If a taxpayer is an individual, the "passive activity loss" for the taxable year shall not be allowed. Section 469(a). The term "passive activity loss" means the amount by which "thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011