Andre and Vena Nelson - Page 5

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          Dial Corporation.  In a letter addressed to this Court on June              
          19, 2003, and incorporated in the stipulation of facts,                     
          petitioner described his typical day in the following manner:               
               • Although I have a full-time job, I work an off-shift                 
                 which allows me time to manage the apartment                         
                 buildings on a daily basis.                                          
               • My typical schedule is:  8:00am - 3:00 pm apartment                  
                 management; 4:00 pm - 12:00 midnight full-time                       
                 employee at Dial Corporation; 1:00am - 8:00am sleep.                 
                 My weekends are also heavily dedicated toward                        
                 apartment management.                                                
                           *    *    *    *    *    *    *                            
               Yes, this is a lot of work, but my job provides health                 
               insurance and other benefits for my family.  I would                   
               not have this safety net without my full-time job at                   
               Dial Corporation.                                                      
               In connection with the rental properties, petitioners                  
          reported rental real estate losses for 2001 on a Schedule E,                
          Supplemental Income and Loss, as follows:                                   
          Property      Rents received     Total expenses      Losses                 
          North Luna       $15,600            $22,479         ($6,879)                
          2109 Maywood       2,150             10,729          (8,579)                
          2112 Maywood     29,814              32,840         (3,026)                 
             Total         $47,564          ($66,048)        ($18,484)                
               By notice of deficiency dated March 21, 2003, respondent               
          determined that petitioners’ rental real estate losses were                 
          passive activity losses within the meaning of section 469 and               
          disallowed $12,248 of the $18,484 in rental real estate losses              
          claimed by petitioners.  As a result of this adjustment,                    
          respondent determined a deficiency in petitioners’ 2001 tax of              
          $3,472.                                                                     





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