- 17 - 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.Page: 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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