- 12 - however, and we therefore conclude that they have abandoned it. Lunsford v. Commissioner, 117 T.C. 183, 187 (2001); Nicklaus v. Commissioner, 117 T.C. 117, 120 n.4 (2001). Even if we didn’t, the argument lacks merit. To be a real estate professional under section 469(c)(7), the taxpayer must (among other requirements) have “materially participate[d]” in real estate trades or businesses for at least 750 hours in the tax year. Sec. 469(c)(7)(B)(ii). But “material participation” has the same meaning here as described above. See sec. 1.469- 9(b)(5), Income Tax Regs. So the time Mrs. Lapid spent on investment activities would still not count toward the 750-hour requirement. We therefore find in the alternative that she is not a real estate professional for purposes of section 469(c)(7).4 As the petitioners brought up no other arguments,5 we find that the nonhotel properties are a passive activity and any 4 And even if Mrs. Lapid were a real estate professional for purposes of section 469(c)(7), we would have to consider each of her real estate rental activities separately, sec. 469(c)(7)(A)(ii), unless she elected to combine them into a single activity, sec. 1.469-9(g)(1), Income Tax Regs. As we find that Mrs. Lapid is not a real estate professional, these rules do not apply, and we need not consider whether she made the required election. 5 While petitioners brought up no other arguments, respondent did mention section 469(i) on brief. This section allows a maximum $25,000 deduction for passive activity losses connected with rental real estate. Petitioners, however, fail to qualify for this deduction because their modified adjusted gross income (i.e., their adjusted gross income computed without regard to their claimed losses) was too high.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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