Douglas E. Kahle - Page 5

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            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.                         




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