David H. and Suzanne Hillman - Page 9




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          purpose for engaging in the activity must be for income or                  
          profit.”  Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987).              
          In order to hold for petitioners on this argument we would have             
          to decide that the real estate entities’ payment of management              
          fees, by itself, constituted a trade or business and/or an                  
          activity separate from the real estate rental activity in which             
          they were engaged.                                                          
               On the facts presented, we hold that the payment of                    
          management fees by the real estate entities did not constitute a            
          trade or business or separate activity from the rental activity             
          of those entities.  The management fees were incurred by the                
          entities in connection with rental activity and, therefore, would           
          be a deduction attributable to the rental income/activity.  See             
          sec. 1.469-2T(d)(1)(i), Temporary Income Tax Regs., 53 Fed. Reg.            
          5716 (Feb. 25, 1988).  We, accordingly, hold that respondent’s              
          determination that petitioners were not entitled to reduce                  
          management income by the management fee deduction of the real               
          estate entities was not in error.                                           
               Petitioners, as additional support for their attempt to                
          treat the real estate entities’ management fee deductions as                
          nonpassive items, generally argue that respondent’s disallowance            
          of the deductions contravenes certain fundamental or established            
          principles of taxation.  For example, petitioners argue that, in            
          effect, they had no accession to wealth because the corresponding           






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