Woody F. Lemons - Page 54

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             adjustment was made, other than Speed Line Investment,                   
             respondent contends that "the provisions of �469(i)(5)(B)                
             do not allow petitioners to deduct any derivative losses                 
             related to the above partnerships."  As we understand the                
             argument, respondent contends that petitioners are not                   
             entitled to deduct any of the losses from the subject                    
             partnerships because they are not eligible for the $25,000               
             offset for rental real estate activities, prescribed by                  
             section 469(i).  Under that provision, the blanket                       
             prohibition against deducting passive activity losses,                   
             contained in section 469(a), is not applicable to the                    
             portion of the passive activity loss, up to a maximum of                 
             $25,000, which is attributable to rental real estate                     
             activities in which the individual actively participates.                
             Sec. 469(i)(1).  Respondent asserts that petitioners, who                
             filed separate returns but did not live apart during 1987                
             or 1988, are described in section 469(i)(5)(B) as taxpayers              
             to whom section 469(i) is not applicable.  As a result of                
             being ineligible for the $25,000 offset for rental real                  
             estate activities prescribed by section 469(i), respondent               
             argues that petitioners cannot deduct any passive activity               
             losses.                                                                  
                  As to respondent's first reason, petitioners contend                
             that respondent's agent disallowed the partnership losses                






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