Anke Lunsmann-Nolting - Page 9

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          Tschetter v. Commissioner, T.C. Memo. 2003-326; sec. 1.183-                 
          1(d)(3), Example (ii), Income Tax Regs.  Respondent does not                
          dispute that petitioner paid real property taxes for lot Nos.               
          128A and 129 in 2002.  The Court holds that petitioner is not               
          entitled to claim a deduction for real property taxes paid in               
          2002 on Schedule E, but she is entitled to claim a deduction for            
          such taxes on Schedule A, Itemized Deductions.                              
               Lot No. 126                                                            
               Petitioner contends that she is entitled to deduct expenses            
          and depreciation for the cottage on lot No. 126, asserting that             
          she intended to profit on the property by renting the cottage to            
          local citizens and visiting scientists.  Respondent disagrees,              
          asserting that petitioner is not entitled to any deductions                 
          claimed under Schedule E in excess of $500.3  Respondent                    
          determined that petitioner did not hold the property with a                 
          profit objective.                                                           
               The Court has reviewed the evidence presented by petitioner            
          and respondent and concludes that petitioner has not sufficiently           
          shown that she held the property with the objective to derive a             
          profit from the cottage during 2002.                                        
               Petitioner did not carry on the activity in a businesslike             
          manner.  Although petitioner claims to have had an interest in              


               3Respondent has allowed a deduction of $500 under sec.                 
          183(b)(2), which represents the gross income attributable to the            
          activity.                                                                   




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