Jacob R. Ramsburg, Jr. and Norma J. Ramsburg - Page 18

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               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.                      




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