- 2 - and this opinion shall not be treated as precedent for any other case. Respondent determined deficiencies of $13,259, $17,251, and $17,482 in petitioner’s Federal income tax for 2000, 2001, and 2002, respectively. The issue for decision for each year is whether petitioner understated his passive activity loss.2 The resolution of the issue depends upon whether rental income petitioner received from his closely held corporation is properly characterized as passive so as to offset passive losses incurred during the year, as petitioner claims, or whether the rental income is nonpassive, as respondent determined. Background Substantially all of the facts have been stipulated and the stipulated facts are so found. At the time the petition was filed, petitioner resided in Gardiner, Maine. On or about May 14, 1985, petitioner and Mark E. Susi (Susi), both practicing attorneys, formed Farris & Susi, R.E. (the real estate partnership), for purposes of buying, selling, and renting real estate. In the same year, the real estate partnership acquired property located at 251 Water Street, Gardiner, Maine (the Gardiner property), which consisted of three commercial buildings. 2 The parties apparently agree that no portion of his passive activity loss would be deductible. See sec. 469(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: March 27, 2008