- 21 -                                         
          1988, petitioner and other board members were informed by accoun-           
          tants of the limitations imposed on the Crestwood condominium               
          owners in deducting for Federal income tax purposes losses from             
          their respective rental activities at Crestwood.                            
                                      OPINION                                         
               Petitioners bear the burden of proving that respondent's               
          determinations are erroneous.  Rule 142(a); Welch v. Helvering,             
          290 U.S. 111, 115 (1933).                                                   
          The General Framework of Section 469 and the Regulations                    
          Thereunder and the Positions of the Parties                                 
               Pursuant to section 469(a), a passive activity loss of an              
          individual for the taxable year is generally not allowed as a               
          deduction for such year.18  For this purpose, the passive activ-            
          ity loss for the taxable year is generally the amount, if any, by           
          which the passive activity deductions for the taxable year exceed           
          the passive activity gross income for such year.  Sec. 469(d)(1);           
          sec. 1.469-2T(b)(1), Temporary Income Tax Regs., 53 Fed. Reg.               
          5711 (Feb. 25, 1988).                                                       
               As pertinent here, section 469(c) defines the term "passive            
          activity" to include:  (1) Any activity which involves the con-             
          duct of any trade or business and in which the taxpayer does not            
          materially participate, sec. 469(c)(1), and (2) any rental ac-              
          tivity without regard to whether or not the taxpayer materially             
          18  Under sec. 469(b), a disallowed passive activity loss for a             
          taxable year is generally treated as a deduction allocable to a             
          passive activity for the next taxable year.                                 
Page:  Previous   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   NextLast modified: May 25, 2011