- 9 - however, petitioners' modified adjusted gross income was greater than $150,000, with the result that the $25,000 offset was phased out.5 Petitioners argue that they meet the requirements of the section 469 material participation test in that the rental properties were petitioners' former homes rented out and petitioner materially participated in their active management. Additionally, petitioner contends that, pursuant to section 469(i), their passive losses should be exempted by the $25,000 offset (to the extent of the phaseout) for rental real estate activities. Respondent argues that the exception provided in section 469(c)(7) for certain taxpayers who materially participate in a real property business does not apply to the years in issue. We agree. Section 469(c)(2) provides the general rule that the term "passive activity" includes any rental activity. Section 469(c)(4) provides that section 469(c)(2) is to be applied without regard to whether or not the taxpayer materially participates in the activity. For taxable years beginning after 4(...continued) not exceed $25,000. 5 Sec. 469(i)(3)(A) provides: (A) In general.--In the case of any taxpayer, the $25,000 amount under paragraph (2) shall be reduced (but not below zero) by 50 percent of the amount by which the adjusted gross income of the taxpayer for the taxable year exceeds $100,000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011