- 5 - the extent that the taxpayer did not “actively participate” in the rental real estate activity. Sec. 469(a)(1), (i)(1). In the present case, respondent determined that petitioners actively participated in their rental activity and thus are entitled to deduct some, but not all, of their passive activity losses, subject to the limitations under section 469(i). Petitioners, however, classify their rental activity differently. They contend that, during the taxable years in issue, they were in the “real property trade or business” as that term is defined under section 469(c)(7). If they were, then the passive activity loss limitations of section 469 would not apply, and petitioners would be entitled to deduct the full amount of their losses for each year. See sec. 469(c)(7)(A)(i). Deductions are a matter of legislative grace, and generally the taxpayer bears the burden of proving entitlement to any deduction claimed. Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). The burden of proof has not shifted to respondent pursuant to section 7491(a). While examination of the tax returns in issue commenced after July 22, 1998, neither of the parties has addressed the applicability of section 7491(a). Petitioners have not offered any evidence that they satisfied any of the criteria of section 7491(a)(2)(A) and (B). Accordingly, we conclude that the burden remains on petitioners to prove that they were in the real property trade or business and that theirPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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