- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011