Zacarias Lapid and Ma Delaila Lapid - Page 12

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          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.                               



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