- 8 - such taxpayer should be permitted to use tax benefits from the activity." Id. It is important, therefore, to define the activity subject to the limits of section 469. For income tax purposes there are generally two economic interests involved in the ownership of real estate--the value of the asset as an investment, and if rented, the value of the rental income. As to the first, the value of the asset may appreciate or depreciate, and, the resulting gain or loss is generally recognized as a capital transaction when the property is sold even though the economic gain or loss was realized over the years that the property was owned. See sec. 1001. On the other hand, the leasing activity gives rise to gross income and deductions, and the net income or loss generally is realized and recognized during each taxable year that the property is rented. See secs. 61, 441. When section 469 applies to rental real estate, it operates to suspend losses from the leasing activity. Accordingly, we will use the terms "activity" and "leasing activity" interchangeably. In this case, the average lease period of the condominium was 7 days or less during the years at issue, and, therefore, the leasing activity is not a "rental activity" for purposes of section 469(c)(2). Sec. 1.469-1T(e)(3)(ii)(A), Temporary Income Tax Regs., supra. While the leasing activity falls outside the definition of a "rental activity", section 469 nonethelessPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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