Steven D. and Teresa M. Kucera - Page 9




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          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 taxpayer              






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