Douglas E. Kahle - Page 4

                                                - 4 -                                                 
                              Year                Loss                                                

                              1988               $18,232                                              
                              1989               12,231                                               
                  In 1987, Associates sold two units of the Project, Pilot                            
            House 206 (unit 206) and Pilot House 405 (unit 405), to                                   
            petitioner.  During 1988 and 1989, petitioner rented out these                            
            units.  He owned and rented out other units that are not the                              
            subject of this dispute.  We shall refer to petitioner's rental                           
            of units 206 and 405 as the Rental Operation.  Petitioner's gross                         
            income with respect to the Rental Operation was as follows:                               
                        Unit                1988                  1989                                
                        206               $5,166                  -0-                                 
                        405               7,200                   -0-                                 
            Petitioner incurred losses with respect to the Rental Operation                           
            as follows:                                                                               
                        Unit              1988               1989                                     
                        206               $22,947                 $26,703                             
                        405               23,115                  30,966                              
            In 1989, petitioner sold unit 405.                                                        


            Statutory and Regulatory Framework                                                        
                  The issue before us is whether petitioner's Rental Operation                        
            should be classified as a nonpassive activity for purposes of                             
            section 469.  That section was designed to limit deductions of                            
            losses from passive activities.  S. Rept. 99-313 (1986), 1986-3                           
            C.B. (Vol. 3) 713, 716-718.  To this end, taxpayers generally may                         




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