- 28 - real estate activity. In that event, there is a passive activity gain for both 1992 and 1993, rather than a passive activity loss. On the other hand, if the interest income is portfolio income, as respondent contends, then it is not taken into account in determining the income or loss from petitioner's rental real estate activity. Sec. 469(e)(1)(A)(i)(I). In that event, there are passive activity losses for 1992 and 1993, as computed by respondent. The parties agree that section 469 does not apply to petitioner after 1993 by reason of the amendment of section 469 that added the special rules for taxpayers in the real property business set forth in section 469(c)(7). We also note that respondent did not apply section 469 to petitioner's returns for years before 1992. Petitioner's principal argument is that it was in "the trade or business of acquiring and selling real estate and carrying the mortgages on real property which it sold." Accordingly, petitioner takes the position that "the interest income which it received during taxable years 1992 and 1993 should be included in computing whether or not petitioner incurred a [passive activity] loss from its real estate business during the years in question." Petitioner relies upon the same arguments described above in connection with its contention that its interest income isPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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