- 7 - Loss (113) (3,988) -- (33,155) -- Deductible rental loss (113) (3,116) (1,172) (74,350) (78,751) Petitioner treated his activities with respect to the Cloudia and the three residential rental properties identified on Schedule E as passive activities within the meaning of section 469(c). Accordingly, petitioner filed Form 8582, Passive Activity Loss Limitations, with his 1990 return. In substance, the losses deducted on Schedule E in the aggregate amount of $78,751 were computed as follows: 2709 1813-15 Activity NW 12th NW 22d 1809 Carey Pl. Cloudia Total Current year gains $19,788 -- $58,963 -- $78,751 Current year loss (113) ($3,988) -- ($33,155) -- Accumulated loss -- (617) (1,172) (76,738) -- Total gains 19,675 -- 57,791 -- 77,466 Total losses -- (4,605) -- (109,893) (114,498) Ratio of losses -- 0.04022 -- 0.95978 1 Allowed losses -- (3,116) -- (74,350) (77,466) Passive activity loss carryforward -- (1,489) -- (35,543) (37,032) Amount deducted (113) (3,116) (1,172) (74,350) (78,751) In the subject notice of deficiency, respondent determined that petitioner is not entitled to deduct the loss claimed on Schedule E with respect to the Cloudia. The notice of deficiency explains this adjustment as follows: It is determined the Schedule E passive activity loss of $74,350.00 relating to the vessel, Cloudia, is disallowed because it has not been established that the property is held for use by customers pursuant to Internal Revenue Code Temporary Regulation 1.469-1T(e)(3) and 1.469-4T(b). In addition, the deductionsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011