Robert P. Sweet and Dawnielle K. Lawson - Page 7

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          aggregate losses from all passive activities" exceeds "the                  
          aggregate income from all passive activities" for the taxable               
          year.  Sec. 469(d)(1).  Except for taxpayers entitled to                    
          treatment under section 469(c)(7), "Special rules for taxpayers             
          in real property business", the term "passive activity" includes            
          any rental activity.  Sec. 469(c)(2).  Rental activity is any               
          activity "where payments are principally for the use of tangible            
          property."  Sec. 469(j)(8).  Petitioners do not claim that the              
          special rules of section 469(c)(7) apply to their return for                
          2000.                                                                       
               Section 469(i), with respect to rental real estate                     
          activities in which an individual actively participates, provides           
          that the section 469(a) disallowance will not apply to a maximum            
          of $25,000 of passive activity losses.  An annual maximum of one            
          $25,000 offset is allowed for all of a taxpayer's rental                    
          activities.  Sec. 469(i)(2), (5).  This nonapplication or                   
          "exemption" begins to phase out where the taxpayer's adjusted               
          gross income (AGI) exceeds certain levels.  Sec. 469(i)(3).  The            
          phaseout in petitioners' case is 50 percent of the amount by                
          which their AGI (computed without regard to passive activity                
          losses) exceeds $100,000.  See sec. 469(i)(3)(A), (E)(iv).                  
          Computed as required, petitioners' adjusted gross income is                 
          $152,700, and the exemption is completely phased out.                       








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