- 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 Next
Last modified: May 25, 2011