- 10 - income. Sec. 469(a), (b), (d). If, however, a taxpayer sells his entire interest in a passive activity, an excess loss relating to the activity for the year the sale occurred (including suspended losses relating to the activity carried forward into the year of the sale) over the total income for the current year from all passive activities is treated as a loss from a nonpassive activity and is not subject to the above limitation of section 469(a). Sec. 469(g). Other than the claims made on his 1992 through 1996 Federal income tax returns, petitioner has not offered any evidence to substantiate that he incurred disallowed passive activity losses in 1992 through 1996 in relation to the Peach Tree Property. As discussed previously, claims made on petitioner’s tax returns do not substantiate the items in issue. Petitioner is not entitled to deduct in 1997 the claimed $35,289 in suspended passive activity losses relating to the Peach Tree Property. Belmont Gardens Legal Fees -- $40,466 Petitioner has not substantiated that he paid $40,466 in legal fees in relation to the construction of Belmont Gardens. Petitioner introduced into evidence certain checks made to three different law firms; however, these checks totaled only $9,500. At trial, petitioner did not call to testify the attorneys who allegedly represented him in the Belmont Gardens litigation, notwithstanding the Court’s suggestion to do so. See WichitaPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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