- 20 - $25,000 offset to passive income provided by section 469(i) for taxpayers who "actively participate" in a rental real estate activity insofar as section 469(i)(6)(C) provides that a limited partner is deemed not to actively participate in such activity except as provided by regulation, and no such regulation permits a limited partner to claim active participation in rental real estate activity for 1989 and 1990.) Respondent invites our attention to line B of the Partnership's returns for 1989 and 1990, which describes the principal product or service of the Partnership as "rentals". Petitioners concede that, should the Court determine that the Partnership's returns for 1989 and 1990 are to be construed as reporting that the Partnership's losses derive from rental activity within the meaning of section 469(c)(2), then the characterization of those losses in the hands of petitioners would constitute a partnership item. But petitioners do not concede that the Partnership's reporting is to be so construed. Rather, petitioners argue that the Partnership reported its losses as arising from a trade or business that was not rental activity on its returns and attached Schedules K and K-1 for those years. Thus, petitioners claim that factual issues regarding the extent of their participation in the Partnership's activities must be resolved before their distributive share of the Partnership's losses can be characterized as passive orPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011