- 7 - activity is broadly defined as any activity involving the conduct of a trade or business in which the taxpayer does not “materially participate”. Sec. 469(c)(1). Rental activities are presumptively passive activities, regardless of whether the taxpayer materially participates. Sec. 469(c)(2), (4); Tarakci v. Commissioner, T.C. Memo. 2000-358; Frank v. Commissioner, T.C. Memo. 1996-177. A rental activity “means any activity where payments are principally for the use of tangible property.”12 Sec. 469(j)(8). Respondent’s argument is straightforward: Petitioners’ rental activities are passive in nature, and any losses therefrom cannot be used to offset petitioners’ nonpassive income for the years at issue. Thus, it is respondent’s position that the loss deductions claimed on petitioners’ returns are currently unavailable and are suspended until a future date when petitioners have passive gains. See sec. 469(b). Petitioners, on the other hand, assert that they are subject to one of the exceptions to the presumption in favor of passive classification. 12It is clear that petitioners’ leasing of equipment to Pauline’s Concrete is a rental activity within the purview of sec. 469. See Tarakci v. Commissioner, T.C. Memo. 2000-358; Kelly v. Commissioner, T.C. Memo. 2000-32; Welch v. Commissioner, T.C. Memo. 1998-310.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011