- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011