David H. and Suzanne Hillman - Page 5




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          on the Schedules K-1 of upper tier passthrough entities for the             
          1993 and 1994 taxable years.                                                
               In computing their 1993 and 1994 taxable income, petitioners           
          treated the proportionate ownership share of the passthrough                
          entities’ management fee deduction as a reduction from                      
          petitioners’ gross income from activities characterized as                  
          nonpassive under section 469.                                               
               In the notice of deficiency, respondent disallowed the                 
          characterization of the management fee expense as nonpassive,               
          referencing section 1.469-7, Proposed Income Tax Regs., 56 Fed.             
          Reg. 14036 (Apr. 5, 1991), which provides that lending                      
          transactions (i.e., any transaction involving loans between                 
          persons or entities) may be treated as self-charged.                        
                                     Discussion                                       
               Enacted by Congress as part of the Tax Reform Act of 1986,             
          Pub. L. 99-514, 100 Stat. 2085, the passive activity loss rules             
          were designed to limit a taxpayer’s ability to use deductions               
          from one activity to offset income from another activity.  In               
          particular, under the section 469 passive activity loss rules,              
          income generated from nonpassive activities cannot be offset by             
          deductions generated from passive activities.4                              


               4 Nonpassive losses may be carried to future years and                 
          applied against future passive income.  Congress mandated in                
          section 469(l) that the Secretary issue regulations to implement            
          section 469.  Under that mandate, sec. 1.469-7, Proposed Income             
                                                             (continued...)           





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