- 52 - year and treated as investment interest for that year. Sec. 163(d)(2). Section 163(d)(5)16 defines property held for investment to include (i) property which normally produces income described in section 469(e)(1), and (ii) an interest in an activity involving the conduct of a trade or business which is not a passive activity and in which the taxpayer does not materially participate. Sec. 163(d)(5); Russon v. Commissioner, 107 T.C. 263, 268-269 (1996). Income described in section 469(e) includes 16 Sec. 163(d)(5) provides as follows: (5) Property held for investment.--For purposes of this subsection-- (A) In general.--The term "property held for investment" shall include-- (i) any property which produces income of a type described in section 469(e)(1), and (ii) any interest held by a taxpayer in an activity involving the conduct of a trade or business-- (I) which is not a passive activity, and (II) with respect to which the taxpayer does not materially participate. (B) Investment expenses.--In the case of property described in subparagraph (A)(i), expenses shall be allocated to such property in the same manner as under section 469. (C) Terms.--For purposes of this paragraph, the terms "activity", "passive activity", and "materially participate" have the meanings given such terms by section 469.Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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