- 18 - Petitioners jointly filed Form 1040, U.S. Individual Income Tax Return (Form 1040), for their taxable year 1998 (1998 re- turn).14 Petitioners’ 1998 return showed, inter alia, taxable income of $0 and total tax of $0. In calculating the taxable income of $0 reported in petitioners’ 1998 return, petitioners claimed, inter alia, a loss of $809,668 in Schedule E, Supplemen- tal Income and Loss (Schedule E), included as part of that return. Such claimed loss included a nonpassive loss of $784,668, which was shown in Schedule E as resulting from the “ENTIRE DISPOSITION OF [A] PASSIVE ACTIVITY” conducted by Kildare Timmy. Petitioners’ 1998 return included Form 4797, Sales of Business Property (petitioners’ 1998 Form 4797). In Part I of that form (Form 4797, Part I), Sales or Exchanges of Property Used in a Trade or Business and Involuntary Conversions From Other Than Casualty or Theft--Property Held More Than 1 Year, petitioners reported, inter alia, a “28% Rate” loss of $21,749 attributable to Kildare Timmy. In Part II of petitioners’ 1998 Form 4797, Ordinary Gains and Losses, petitioners claimed, inter alia, a loss of $11,541. In an explanatory statement attached to that form, petitioners claimed that such claimed ordinary loss was attributable to, inter alia, Mr. Ramsburg’s sole proprietorship’s sale of nine of 14Keller Bruner prepared petitioners’ 1998 return.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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