- 2 - tax. We decide whether petitioners’ lottery winnings are includable in their adjusted gross income for purposes of applying the $25,000 offset of section 469(i). We hold they are.2 Background The facts in this background section are obtained from the parties’ stipulation of facts and the exhibits submitted therewith. Petitioners resided in Los Angeles, California, when their petition was filed. Petitioners filed a joint 2000 Form 1040, U.S. Individual Income Tax Return. They reported on that return the following items of income (loss) which they realized during 2000: Wages $118,053 Interest 4,731 Refunds 872 Rental real estate (22,300) California State lottery winnings 136,041 Total income 237,397 The rental real estate is a “passive activity”, sec. 469(c)(2), in which petitioners actively participated. Discussion Respondent determined that the phase-out rules of section 469(i)(3) preclude petitioners from currently deducting any of their rental real estate loss. Under that section, individual taxpayers such as petitioners who actively participate in a 2 We decide this case on its merits and without regard to which party bears the burden of proof.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011