Estate of Robert W. Quick, Deceased, Esther P. Quick, Personal Representative, and Esther P. Quick - Page 20

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          $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 or                 






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