Charles Robert Schetzer - Page 8




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               respect to providing necessary services, and which                     
               serves significant nontax purposes of the taxpayer, is                 
               different in some respects from the activities that are                
               meant to be fully subject to limitation under the                      
               passive loss provision.22                                              
                                                                                     
               22For example, in the case of a rental real estate                     
               investor whose cash expenses with respect to the                       
               investment (e.g., mortgage payments, condominium or                    
               management fees, and costs of upkeep) exceed cash                      
               inflows (i.e., rent), tax losses other than those                      
               relating to depreciation may not be providing any cash                 
               flow benefit.                                                          
          S. Rept. 99-313, supra, 1986-3 C.B. at 736.                                 
               Accordingly, section 469(i) was enacted to provide relief to           
          moderate income taxpayers who invest in rental real estate as a             
          means of financial security, which purpose serves significant               
          nontax purposes of the taxpayer.  In light of the congressional             
          intent, it is appropriate that the statute provides a                       
          classification relating to rental real estate investment.  We               
          therefore think that a rational basis exists for the enactment of           
          section 469(i) and the classification provided therein.                     
               Further, given that Congress has broad latitude in creating            
          classifications and distinctions in tax statutes, we cannot hold            
          that a rational basis does not exist for a classification of the            
          type provided in section 469(i).  Cf. Kozlowski v. Commissioner,            
          T.C. Memo. 1979-176.  By enacting section 469(i) Congress chose             
          to allow deductions in excess of gross income; i.e., a loss to              
          the extent of $25,000, related to rental real estate activities.            






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