Sandy Lake Road Limited Partnership, J. Steve Anderson III, Tax Matters Partner - Page 9

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               In the FPAA, respondent disallowed $422,410 in "other                  
          deductions" (including the amounts paid as rollback taxes) as               
          claimed by SLR on the 1990 return, but allowed portfolio                    
          deductions in the amount of $427,217 (which amount likewise                 
          included the rollback taxes).  It is of course indisputable that            
          under section 469(e)(1)(A)(i)(II) expenses clearly and directly             
          allocable to portfolio income may not be taken into account in              
          determining the income or loss from any passive activity, but               
          instead are allocable to "such gross income"--i.e., the portfolio           
          income--to which they relate.                                               
               It seems clear that the passive activity rules of section              
          469 interact with other Code provisions.  We note in this                   
          connection that the conference report to accompany TRA 1986                 
          states:                                                                     
                    Interaction with other Code sections.--It is                      
               clarified that the passive loss rule applies to all                    
               deductions that are from passive activities, including                 
               deductions allowed under sections 162, 163, 164, and                   
               165.  For example, deductions for State and local                      
               property taxes incurred with respect to passive                        
               activities are subject to limitation under the passive                 
               loss rule whether such deductions are claimed above-                   
               the-line or as itemized deductions under section 164.                  
               [H. Conf. Rept. 99-841 (Vol. 2), at II-139, 1986-3 C.B.                
               (Vol. 4) 139.]                                                         
               In this case, it is the treatment of the Texas rollback                
          taxes that is in dispute.  Therefore, if the portfolio income               
          provisions are involved as respondent maintains, then section               
          164, relating to deductions for taxes, interacts with section               
          469(e)(1)(A)(i)(II) to determine the proper allocation of the               




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