Jacob R. Ramsburg, Jr. and Norma J. Ramsburg - Page 36

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          we had found that Mr. Ramsburg disposed of his entire interest in            
          the passive activity in question to an unrelated person, on the              
          record before us, we find that petitioners have failed to carry              
          their burden of establishing that, as required by section                    
          469(g)(1)(A), they recognized all of any gain or all of any loss,            
          as the case may be, realized upon any such disposition.                      
               Based upon our examination of the entire record before us,              
          we find that section 469(g)(1) does not permit petitioners to                
          treat for 1998 petitioners’ passive losses attributable to                   
          Kildare Timmy as nonpassive losses.                                          
               We have considered all of the contentions and arguments of              
          the parties that are not discussed herein, and we find them to be            
          without merit, irrelevant, and/or moot.29                                    

               28(...continued)                                                        
          Ramsburg’s interest in Kildare Timmy would have included property            
          other than money, unrealized receivables, and inventory.  See                
          sec. 731(a)(2).  Moreover, if any of Kildare Timmy’s horses or               
          stud rights that it distributed in liquidation of Mr. Ramsburg’s             
          interest in that partnership were not to have any sec. 1245(a)               
          gain associated with it, none of any loss realized by Mr.                    
          Ramsburg upon that distribution would be recognized under sec.               
          731(a)(2).  That is because the distribution in liquidation of               
          Mr. Ramsburg’s interest in Kildare Timmy would have included                 
          property other than money, unrealized receivables, and inventory.            
          See sec. 731(a)(2).                                                          
               29We shall, however, address petitioners’ contention that on            
          Jan. 1, 1998, the date on which we have found Kildare Timmy                  
          distributed to Mr. Ramsburg its horses and stud rights and the               
          Kildare Timmy bank account balance, Mr. Stottlemeyer owned a 50-             
          percent capital interest in Kildare Timmy.  In support of that               
          contention, petitioners assert, inter alia, that, in addition to             
          cash, Mr. Stottlemeyer made capital contributions to Kildare                 
          Timmy of Mr. Stottlemeyer’s management services.  On the record              
                                                              (continued...)           




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