Char-Lil Corporation - Page 28

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             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 is               



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