- 9 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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