Ronald I. and Lois B. Koenig - Page 17

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          claim a maximum loss of $25,000 per year related to the rental              
          real estate.6                                                               
               The general provisions for deductibility of ordinary and               
          necessary business expenses under section 162 must be read in               
          conjunction with the passive activity loss rules of section 469.            
          These sections must be construed together with more specific                
          provisions prevailing over general ones.  Cf. United States v.              
          Estate of Romani, 523 U.S.__, 118 S. Ct. 1478 (1998).                       
          Petitioners cannot completely circumvent the passive activity               
          loss rules merely by asserting that they are in the trade or                
          business of renting real estate.                                            
               Accordingly, respondent is sustained on this issue, and                
          petitioners' net loss for rental real property for 1990 is                  
          limited to $25,000.                                                         
          Issue 4.  Addition to Tax Under Section 6651(a)                             
               Respondent determined an addition to tax under section                 
          6651(a) for delinquent filing of a return.                                  
               Petitioners were required to file their 1990 Federal income            
          tax return by October 15, 1991.  Petitioners provided a certified           
          mail receipt indicating that their return was mailed on October             



               6    This exemption provided in sec. 469(i) is phased out              
          for taxpayers whose adjusted gross income is greater than                   
          $100,000.  Sec. 469(i)(3)(A).  Respondent did not seek to invoke            
          the phaseout, and so we do not address the issue.                           




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