Richard B. May and Jane M. May - Page 11

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          781, 795 (11th Cir. 1984)).  To make an election, “the taxpayer             
          must exhibit in some manner * * * his unequivocal agreement to              
          accept both the benefits and burdens of the tax treatment                   
          afforded” by the governing statute.  Kosonen v. Commissioner,               
          supra (quoting Young v. Commissioner, 83 T.C. 831, 839 (1984),              
          affd. 783 F.2d 1201 (5th Cir. 1986)).  “A taxpayer has not made             
          an election if it is not clear from the return that an election             
          has been made.” Id.                                                         
                                     Conclusion                                       
               On the basis of the record, it is not clear from any of                
          petitioners’ relevant returns that petitioner made an election              
          under section 469(c)(7)(A).  Petitioners’ consistent treatment of           
          aggregating the rental income and expenses on their Schedules E             
          is not a deemed election to treat the rental real estate                    
          activities as a single activity under the requirements of section           
          469(c)(7)(A).  Accordingly, petitioner did not elect to treat his           
          rental real estate activities as a single activity under section            
          469(c)(7)(A).  Respondent’s determination is therefore sustained.           
               Although petitioner does not qualify as a real estate                  
          professional, respondent allowed petitioners to deduct $25,000              
          for each of the taxable years in issue pursuant to the $25,000              
          offset for rental real estate activities under section 469(i).              









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