Alexander Firsow and Camilla Thomas-Firsow, a.k.a. Camilla Thomas - Page 5

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               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.                                             




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