- 5 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011