- 3 - claimed $21,253 rental real estate loss. Respondent allowed $532 of petitioners’ claimed rental real estate loss. Section 469(a) generally disallows passive activity losses. Section 469(d)(1) defines passive activity loss as the excess of passive activity losses over passive activity income for the taxable year. Section 469(c)(1) defines passive activity as any activity which involves the conduct of any trade or business, and in which the taxpayer does not materially participate. Under section 469(c)(2), passive activity includes any rental activity, “without regard to whether or not the taxpayer materially participates in the activity.” Sec. 469(c)(4). However, under section 469(c)(7), section 469(c)(2) does not apply to the rental real estate activities of a taxpayer in the real property business (a real estate professional) if: (i) more than one-half of the personal services performed in trades or businesses by the taxpayer during such taxable year are performed in real property trades or businesses in which the taxpayer materially participates, and (ii) such taxpayer performs more than 750 hours of services during the taxable year in real property trades or businesses in which the taxpayer materially participates. Sec. 469(c)(7)(B). A contemporaneous daily log is not required to establish the hours spent on real estate activities if established by “other reasonable means.” Sec. 1.469-5T(f)(4), Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988). Reasonable meansPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011