Karl and Birgit Jahina - Page 12




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          T.C. Memo. 1993-578.  Nevertheless, the regulations do not allow            
          a post-event “ballpark guesstimate”.  Id.                                   
               The general rule is that each interest of the taxpayer in              
          rental real estate is treated as a separate activity.  Sec.                 
          469(c)(7)(A)(ii).  However, a taxpayer in the real property                 
          business may elect to treat all interests in rental real estate             
          as one activity.  Sec. 469(c)(7)(A).  The election to treat all             
          interests in rental real estate as a single rental real estate              
          activity is made:                                                           

               by filing a statement with the taxpayer’s original income              
               tax return for the taxable year.  This statement must                  
               contain a declaration that the taxpayer is a qualifying                
               taxpayer for the taxable year and is making the election               
               pursuant to section 469(c)(7)(A). * * *                                

          Sec. 1.469-9(g)(3), Income Tax Regs.  Such an election is binding           
          for the taxable year in which it is made and for all future years           
          in which the taxpayer qualifies as a real estate professional,              
          even if there are intervening years in which the taxpayer is not            
          a qualifying taxpayer.  Sec. 1.469-9(g)(1), Income Tax Regs.  The           
          election may be made in any year in which the taxpayer is a                 
          qualifying taxpayer, and the failure to make the election in one            
          year does not preclude the taxpayer from making the election in a           
          subsequent year.  Id.                                                       
               On this record, the Court holds that petitioners did not               
          file a valid election to treat their rental properties as one               





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