- 5 - real estate activities. Section 469(i)(1) provides, in relevant part, that “in the case of any natural person,” the passive activity loss disallowance under section 469(a) “shall not apply to that portion of the passive activity loss * * * attributable to all rental real estate activities with respect to which such individual actively participated in such taxable year”. Active participation includes making management decisions or arranging for others to provide services such as repairs. Cf. Madler v. Commissioner, T.C. Memo. 1998-112. Section 469(i)(2) imposes a $25,000 limitation on section 469(i)(1). But section 469(i)(3)(A) provides that “the $25,000 amount under paragraph (2) shall be reduced (but not below zero) by 50 percent of the amount by which the adjusted gross income of the taxpayer for the taxable year exceeds $100,000.” Section 469(i)(3)(E)(iv) provides that “adjusted gross income shall be determined without regard to * * * any passive activity loss”. Assuming arguendo that petitioner actively participated in his rental real estate activities during taxable year 1998, petitioner could claim the $25,000 offset allowed under section 469(i)(1), subject to a phaseout. We find that the phaseout under section 469(i)(3)(A) applies here. On their 1998 Form 1040, petitioners reported wage income of $148,514, taxable interest of $402, and ordinary dividends of $21. For purposes of section 469(i)(3)(A) and (E), petitioners’ adjusted gross incomePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011