- 8 - are not allowed pursuant to Internal Revenue Code Section 212 because it has not been established that the property is held for the production of income. The allowable passive activity losses have been adjusted to reflect the disallowance of this loss, figured as shown on the attached Exhibits #1 through #6. The notice of deficiency also determines, as an "alterna- tive position", that the loss attributable to the Cloudia is subject to the limitation set forth in section 183. The notice of deficiency states as follows: Alternatively, if the determination set forth above is not sustained for the taxable year ended December 31, 1990, see the alternative position pursuant [sic] under Section 183 of the Internal Revenue Code attached. * * * * * * * Expenses incurred in connection with an activity not engaged in for profit are generally deduct- ible only to the extent of income from such activity. However, those expenses which would otherwise be allowable under the Internal Revenue Code are deductible even if they exceed the income from the activity, but reduce the amount of income against which other expenses can be offset. The other expenses then offset the reduced income in the following order: (1) operating expenses other than depreciation and (2) depreciation and other basis adjustment items. Accordingly, your taxable income for taxable year ended December 31, 1990, is decreased $557. * * * Notwithstanding the amount of the adjustment set forth in the explanation quoted above, respondent determined an adjustment with respect to petitioner's passive activityPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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