Steven D. and Teresa M. Kucera - Page 10




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          does not materially participate.  Rental activity is generally              
          considered a passive activity.  See sec. 469(c)(2).                         
               The Secretary, however, is expressly authorized to prescribe           
          regulations necessary or appropriate to carry out the provisions            
          of section 469, including regulations “which specify what                   
          constitutes an activity, material participation, or active                  
          participation” and “requiring net income or gain from a limited             
          partnership or other passive activity to be treated as not from a           
          passive activity”.  Sec. 469(l)(1), (3).  Pursuant to this                  
          authority, section 1.469-2(f)(6), Income Tax Regs.,                         
          recharacterizes a taxpayer’s rental income from property rented             
          for use in a trade or business in which the taxpayer materially             
          participates as income not from a passive activity.4  Section               
          1.469-11(c)(1)(ii), Income Tax Regs., however, excludes “the                
          portion of the income (if any) that is attributable to the                  



               4  The regulation, in relevant part, provides:                         
                    (f)(6) Property rented to a nonpassive activity.                  
               An amount of the taxpayer’s gross rental activity                      
               income for the taxable year from an item of property                   
               equal to the net rental activity income for the year                   
               from that item of property is treated as not from a                    
               passive activity if the property–                                      
                         (i) Is rented for use in a trade or business                 
                    activity * * * in which the taxpayer materially                   
                    participates (within the meaning of � 1.469-5T)                   
                    for the taxable year * * *[Sec. 1.469-2(f)(6),                    
                    Income Tax Regs.]                                                 






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