Neal N. and Ruby W. Viar - Page 6

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               Petitioners owned a number of commercial and residential               
          rental properties.  Among these was a dwelling located at 418               
          Morningside Heights, Lynchburg, Virginia, in which petitioners              
          owned a 50-percent interest during the years at issue.                      
          Petitioners reported their income and expenses, including                   
          depreciation, from rental real estate on Schedule E.  Three                 
          properties, including the Morningside Heights dwelling, were                
          listed on their 1999 income tax return.  Five properties,                   
          including the Morningside Heights dwelling, were listed on their            
          2000 return.                                                                
               Mrs. Viar has a brother who was 70 years old at the time of            
          trial.  During 1999 and 2000, petitioners allowed Mrs. Viar’s               
          brother and his wife to live in the Morningside Heights dwelling            
          rent free because they were “unable to afford a place of their              
          own.”  However, it was agreed that Mrs. Viar’s brother would make           
          improvements to the dwelling in exchange for living there.  The             
          dwelling was old and in need of repairs.  Mrs. Viar’s brother did           
          make a number of repairs and improvements to the dwelling;                  
          however, petitioners did not maintain any records of these                  
          expenditures.                                                               
               During 1999 and 2000, Mr. Viar had telephone service with              
          several different carriers.  He maintained two local telephone              
          numbers, one personal and one business line, with Verizon as the            
          telephone provider.  His long distance service was with AT&T.  He           





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