- 15 - In the cases of a disposition of an interest in a passive activity by gift or distribution of such an interest by an estate or trust, the basis of the interest is increased by the suspended PAL's allocated to that activity. Sec. 469(j)(6), (12). However, while the increase in basis affords the recipient the benefit of using the equivalent of the suspended PAL's upon the recipient's disposition of the activity, the original taxpayer is denied any deduction of the suspended PAL's in any taxable year. Sec. 469(j)(6), (12). Where the taxpayer transfers the interest in the passive activity by reason of death, the suspended PAL's allocated to that activity are treated as if there were a sale, but only to the extent that the PAL's allocated to that activity exceed the step-up in basis by reason of death to the transferee. Sec. 469(g)(2). The taxpayer is denied the deduction in any taxable year of the amount of the PAL's allocated to the disposed of activity which equal the amount of the basis step-up. Id. We are not convinced by petitioner's arguments that suspended PAL's of St. Charles should be treated as basis adjustments and therefore should not be considered carryforwards within the meaning of section 1371(b)(1). Finally, petitioner argues that, even if PAL's are carryforwards, section 469 is a specific provision which should prevail over the general provisions reflected by section 1371(b)(1). It is a basic principle of statutory construction that a specific statute controls over a general provision.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011