Mehdi H. Hajiyani - Page 25




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          13143(a), 107 Stat. 416, 440.  The provisions of subsection                 
          (c)(7) of section 469 are effective for taxable years beginning             
          after December 31, 1993.  Id. sec. 13143(c), 107 Stat. 441.  Two            
          of the taxable years before us, 1992 and 1993, precede the                  
          effective date of the "Special rules for taxpayers in real                  
          property business" contained in subsection (c)(7).  Thus, for               
          those years petitioner may not rely on the special rules to                 
          relieve him of the generally applicable strictures of section 469           
          denying deductions for passive activity losses.                             
               Section 469(i), with respect to rental real estate                     
          activities in which an individual actively participates, provides           
          that the section 469(a) disallowance will not apply to a maximum            
          of $25,000 of passive activity losses.3  There is allowed only              
          one $25,000 offset for all of petitioner's rental activities per            
          year.  Sec. 469(i)(2).                                                      
               For the year 1992, petitioner reported items on Schedule E.            
          After taking into consideration rental (passive) income,                    
          petitioner reported individually owned real estate rental losses            
          of $50,779, partnership real estate rental losses of $12,125, and           







               3This nonapplication or "exemption" begins to be phased out            
          where the taxpayer's adjusted gross income exceeds a certain                
          level, in some circumstances $100,000.  Sec. 469(i)(3).                     





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