Fred Misko, Jr. and Karen L. Howe-Misko - Page 2

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          for equipment he purchased and leased to his wholly owned                   
          professional corporation, Fred Misko, P.C. (the law firm).                  
               The issues for decision are whether petitioner was engaged             
          in an equipment leasing activity for profit under section 183,2             
          and whether the section 469 passive activity rules limit his                
          depreciation deductions.  We find that petitioner engaged in the            
          activity for profit.  To determine whether the passive activity             
          rules limit petitioner’s depreciation deductions, we must decide            
          whether petitioner qualifies for the incidental activity                    
          exception to the passive loss rules.  We find that petitioner               
          qualifies.                                                                  
                                  FINDINGS OF FACT                                    
               The parties have stipulated some facts.  The stipulation of            
          facts and the accompanying exhibits are incorporated by this                
          reference and are so found.                                                 
               Petitioner was a trial lawyer during the years at issue,               
          practicing in Dallas, Texas, through the law firm.3  Petitioner             
          has had a highly successful and varied practice throughout his              
          35-plus-year legal career.  When petitioner first began his law             
          practice, he managed about 100 cases a year, almost exclusively             


               2All section references are to the Internal Revenue Code in            
          effect for the years in issue, and all Rule references are to the           
          Tax Court Rules of Practice and Procedure, unless otherwise                 
          indicated.                                                                  
               3The professional corporation was a closely held personal              
          services corporation subject to the provisions of subch. C.                 




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