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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 "the
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