- 16 - arrived. Mrs. Koenig would sometimes perform these tasks herself or would make arrangements for the services to be performed. Petitioners assert that they are entitled to the full amount of the rental loss because they were actively engaged in the trade or business of renting real property. Accordingly, they argue their loss is fully deductible under section 162 because the expenses were incurred in their rental property trade or business.5 Section 162(a) provides in relevant part that "There shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business". The regulations promulgated thereunder state that only those ordinary and necessary business expenses "directly connected with or pertaining to the taxpayer's trade or business" may be deducted. Sec. 1.162-1(a), Income Tax Regs. Section 469(a) generally disallows all passive activity losses. The term "passive activity" includes any rental activity. Sec. 469(c)(2). Section 469(i) provides an exception, however, to this complete disallowance. Section 469(i) allows a taxpayer who "actively participates" in a rental activity to 5 Petitioners originally argued that they were entitled to the full amount of the claimed loss pursuant to sec. 469(c)(7). The year in issue is 1990. Sec. 469(c)(7) did not become effective until taxable years beginning after Dec. 31, 1993. See Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, sec. 13143(a), 107 Stat. 312, 440.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011