Andre and Vena Nelson - Page 11

                                       - 10 -                                         
          do not doubt that petitioner worked hard during the year in                 
          issue, but he simply failed to present convincing evidence about            
          the amount of his work in his real property activities.  We hold            
          that petitioner was not a qualifying taxpayer in 2001 for                   
          purposes of section 469(c)(7), and therefore his rental real                
          estate activity during 2001 is classified as passive activity.              
               Although petitioners are not entitled to deduct the full               
          amount of their passive rental real estate losses, section 469(i)           
          allows a taxpayer to claim up to $25,000 per year in passive                
          activity losses from rental real estate activities (the $25,000             
          exemption), subject to a phaseout once the taxpayer’s adjusted              
          gross income exceeds $100,000.  To qualify for the $25,000                  
          exemption, the taxpayer must have “actively participated” in the            
          rental real estate activity.  The active participation                      
          requirement can be satisfied without regular, continuous, and               
          substantial involvement in an activity.  See Madler v.                      
          Commissioner, T.C. Memo. 1998-112; S. Rept. 99-313, 737-738                 
          (1986), 1986-3 C.B. (Vol. 3) 1, 737-738.  The active                        
          participation standard should be met as long as the taxpayer                
          participates in a significant and bona fide sense in making                 
          management decisions or arranging for others to provide services            
          such as repairs.  Madler v. Commissioner, supra.  The $25,000               
          exemption is phased out by 50 percent of the amount by which the            
          adjusted gross income of the taxpayer for the taxable year                  






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011