- 5 - bird, and it’s not going to lay any more eggs.” Accordingly, payments were made only when either petitioner or Don Blewett needed the money to make payments to creditors for leased equipment. Petitioners claimed a net loss of $50,033 from their equipment leasing activity on Schedule C, Profit or Loss From Business (Sole Proprietorship), of their 1996 Federal income tax return.3 In the notice of deficiency, respondent disallowed the entire loss on the ground that the leasing activity was subject to the passive loss limitations of section 469. Discussion Section 469(a)(1) limits the deductibility of losses from certain passive activities. Generally, a passive activity includes the conduct of a trade or business in which the taxpayer does not materially participate. Rental activity is generally treated as a passive activity without regard to whether the taxpayer materially participates.4 Sec. 469(c)(1), (2), (4). Rental activity is defined as “any activity where payments are principally for the use of tangible property.” Sec. 469(j)(8). 3The loss was attributable primarily to deductions of $30,062 and $17,141 for depreciation and sec. 179 expenses, respectively. 4A statutory exception that was added in 1993 provides that certain real estate operators need not treat their interests in rental real estate as passive activities. Sec. 469(c)(7). That exception is inapplicable here, because the subject of this controversy is personal property.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011