- 5 - Discussion Section 469 generally disallows for the taxable year any passive activity loss that exceeds passive activity income. Sec. 469(a)(1), (d)(1). Passive activity is any activity which involves the conduct of any trade or business in which the taxpayer does not materially participate. Sec. 469(c)(1). Without regard to whether a taxpayer materially participates in an activity, the term “passive activity” includes any rental activity. Sec. 469(c)(2), (4). A rental activity is any activity where payments are principally for the use of tangible property. Sec. 469(j)(8). There are exceptions to the definition of “rental activity”. Section 1.469-1T(e)(3)(ii). Temporary Income Tax Regs., 53 Fed. Reg. 5702 (Feb. 25, 1998), provides: an activity involving the use of tangible property is not a rental activity for a taxable year if for such taxable year -- (A) The average period of customer use for such property is seven days or less; (B) The average period of customer use for such property is 30 days or less, and significant personal services (within the meaning of paragraph (e)(3)(iv) of this section) are provided by or on behalf of the owner of the property in connection with making the property available for use by customers; 4(...continued) $200 of the $1,900 claimed as legal expenses. At trial, respondent conceded the latter adjustment.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011