- 5 - not deduct passive activity losses, except against passive activity income. Sec. 469(a). Rental activities are generally passive. Sec. 469(c)(2). The passive loss rules involve three terms of art: "operations" are the most basic business unit under the regulations; "undertakings" consist of one or more "operations"; "activities" consist of one or more "undertakings". Application of the rules hinges on a determination of whether the taxpayer's "operations" can be combined into "undertakings" and then into "activities" for the purpose of aggregating passive income and passive losses, and active income and active losses. This determination is made according to the rules set out in section 1.469-4T, Temporary Income Tax Regs., 54 Fed. Reg. 20542- 20565 (May 12, 1989). This section is made applicable to the tax years at issue by section 1.469-11(a)(2), Income Tax Regs. The initial determination is whether each operation involved is a separate undertaking. Each undertaking owned by a taxpayer is usually then a separate and distinct activity. Sec. 1.469-4T(a)(4), (b)(1), Temporary Income Tax Regs., 54 Fed. Reg. 20542, 20543. In certain cases, however, a taxpayer may aggregate its separate undertakings into a single activity. Sec. 1.469-4T(f),(k), Temporary Income Tax Regs., 54 Fed. Reg. 20552, 20561. Operations that constitute a separate source of income are treated as a single undertaking only if the operations are: (1) conducted at the same location, and (2) owned by the same person.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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