- 8 - The first issue is whether the passive loss rules under section 469 preclude petitioners from deducting real estate rental losses in the amounts of $128,168 for 1996 and $95,553 for 1997. The specific issue is whether Mrs. Jahina qualifies as a real estate professional under section 469(c)(7).3 Petitioners contend that they are entitled to deduct their losses from their real estate rental properties because Mrs. Jahina was a real estate professional under section 469(c)(7), and that petitioners’ rental properties were a trade or business in which they materially participated. Respondent maintains that the real estate rental activities generating the net losses were per se passive activities under section 469(c)(2) because Mrs. Jahina did not establish that she was a real estate professional pursuant to section 469(c)(7). Respondent further maintains that petitioners did not elect to treat the rental properties as one activity under section 469(c)(7)(A), and, therefore, Mrs. Jahina must qualify as a real estate professional with respect to each 3 Sec. 7491, in certain instances, places the burden of proof on respondent with respect to examinations of returns commencing after July 22, 1998. There is no evidence in the record regarding the date the examination of petitioners’ returns commenced. Moreover, petitioners do not contend that the examination of their return commenced after July 22, 1998, or that sec. 7491 is applicable in this case. Even if sec. 7491 is applicable, the Court decides this case without regard to the burden of proof.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011