- 10 - December 31, 1993, section 469(c)(7) provides an exception to the general rule in section 469(c)(2) for taxpayers meeting certain conditions.6 The taxable years in issue in the instant case, however, are 1990 and 1991. Accordingly, the section 469(c)(7) exception does not apply in the instant case. Respondent argues that, for purposes of the $25,000 offset for rental real estate, petitioners have not established that they "actively participated" in their rental real estate activities as required by section 469(i). In the instant case, however, respondent phased out the $25,000 offset because petitioners' modified adjusted gross income exceeded $150,000 for each of the taxable years in issue. As petitioners provide no further arguments as to their passive losses, we sustain respondent's determinations, to the extent that the $25,000 6 Sec. 469(c)(7) provides, for taxpayers meeting the requirements of sec. 469(c)(7)(B), that (A) In general.--If this paragraph applies to any taxpayer for a taxable year -- (i) paragraph (2) shall not apply to any rental real estate activity of such taxpayer for such taxable year, and (ii) this section shall be applied as if each interest of the taxpayer in rental real estate were a separate activity. Notwithstanding clause (ii), a taxpayer may elect to treat all interests in rental real estate as one activity. Nothing in the preceding provisions of this subparagraph shall be construed as affecting the determination of whether the taxpayer materially participates with respect to any interest in a limited partnership as a limited partner.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