- 17 - passive activity income6 to use all or any of the suspended PAL's in that year. In such case, the unused suspended PAL's are again disallowed and will be similarly treated as a deduction in the next (third) year, and so on. See H. Conf. Rept. 99-841 (Vol. II), supra, 1986-3 C.B. (Vol. 4) at 137; S. Rept. 99-313, supra, 1986-3 C.B. (Vol. 3) at 722 (where it is specified that suspended PAL's are "carried forward indefinitely"). Petitioner further points out that it is only using the suspended PAL's allocated to the properties which were sold, and not those allocated to other activities that St. Charles conducted. Petitioner goes on to argue that the losses at issue stem entirely from the operation of section 469(g)(1)(A), see supra p. 5, not from section 469(a) and (b); that is, they consist solely of excess PAL's that "shall be treated as a loss which is not from a passive activity." This, petitioner argues, is another reason why the losses which respondent disallowed are not carryovers and therefore section 1371(b) is inapplicable. The application of section 469(g)(1)(A), however, turns on the meaning of the parenthetical phrase "determined after the application of subsection (b)" which appears twice therein, once with respect to the disposed activity and then with respect to all other passive activities. There is no way to determine the amount of excess PAL's to be treated as nonpassive losses without 6 For the closely held C corporation, this would include active income as well. Sec. 469(e)(2).Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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