- 8 - years 1994, 1995, and 1996 of $20,753, $18,151, and $4,920, respectively. Respondent determined that the income from the 1203 Partnership was nonpassive income pursuant to the recharacterization rule of section 1.469-2(f)(6), Income Tax Regs. After consideration of the passive activity loss limitations, respondent determined that petitioners’ passive activity losses were $412, $4,220, and $0 for 1994, 1995, and 1996, respectively. Respondent increased petitioners’ taxable income for the years accordingly. As a result of respondent’s adjustments, respondent reduced petitioners’ itemized deductions in each year at issue and determined deficiencies in petitioners’ income taxes of $6,328, $4,018, and $1,571 for the 1994, 1995, and 1996 respective tax years. Petitioners do not challenge respondent’s computations but argue that their rental income from the 1203 Partnership is passive income and not subject to the recharacterization rule of section 1.469-2(f)(6), Income Tax Regs. Discussion Section 469 sets forth the passive activity loss rule which generally allows losses generated by passive activities to be offset only against gains from other passive activities. Section 469(c) defines a passive activity as any activity which involves the conduct of any trade or business and in which the taxpayerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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