- 54 - 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 lossesPage: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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