Nicholas A. and Marjorie E. Paleveda - Page 10

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          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.                




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