- 4 - On July 9, 2003, in response to an examination of their returns, petitioners provided respondent a document entitled “Election to Aggregate Activities” for the Port Deposit property, Sanibel property, and other properties. This election was not filed with petitioners’ joint returns for 1999 and 2000. Respondent contends that petitioners are not entitled to deduct the full amounts of losses associated with their rental activity because of passive activity loss limitations under section 469.1 Respondent further contends that petitioners are liable for accuracy-related penalties under section 6662(a) due to negligence or disregard of the rules or regulations. Discussion Whether losses attributable to rental real estate activities are deductible in full depends upon the classification of such activities. In general, a rental activity is a “passive activity,” even if the taxpayer “materially participates” in such activity. Sec. 469(c)(2), (4). The deductible amount of aggregate losses from a rental activity for the taxable year is thus limited to the aggregate income from all passive activities for the corresponding year. The excess, if any, of the losses over the income is a “passive activity loss”. Sec. 469(d)(1). The passive activity loss is then disallowed as a deduction to 1 Respondent does not contest the amount of the reported losses, but instead contests the extent to which petitioners are entitled to deduct such losses.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011