Richard B. May and Jane M. May - Page 3

                                        - 2 -                                         
               Respondent determined deficiencies in, and an addition to,             
          petitioners’ Federal income taxes for the taxable years 1996 and            
          1997 as follows:                                                            
                                                  Addition to tax                     
                    Year      Deficiency          Sec. 6651(a)(1)                     
                    1996      $10,385                  $200                           
                    1997      6,878                    ---                            
               After petitioners’ concessions,2 the issue for decision is             
          whether petitioner Richard B. May (petitioner) elected under                
          section 469(c)(7)(A) to treat his various rental real estate                
          activities as a single activity for the years in issue.  We hold            
          that he did not.                                                            
               An adjustment to the amount of petitioners’ itemized                   
          deductions for each of the years in issue is a purely                       
          computational matter, the resolution of which is dependent on our           
          disposition of the disputed issue.                                          
                                     Background                                       
               Some of the facts have been stipulated, and they are so                
          found.  We incorporate by reference the parties’ stipulation of             
          facts, supplemental stipulation of facts, and accompanying                  
          exhibits.                                                                   



               2  Petitioners concede:  (1) They are not entitled to claim            
          the dependency exemption deductions disallowed by respondent in             
          the notice of deficiency, and (2) they are liable for the                   
          addition to tax for failure to timely file their Federal income             
          tax return for 1996.                                                        





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