Andre and Vena Nelson - Page 12

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          exceeds $100,000.  Sec. 469(i)(3).  For this purpose, the                   
          taxpayer’s adjusted gross income is determined without regard to            
          any passive activity loss.  Sec. 469(i)(3)(F)(iv).                          
               Respondent agrees that petitioner actively participated in             
          rental real estate activities and that petitioners are entitled             
          to the $25,000 exemption, subject to the phaseout provision.  On            
          their 2001 tax return, petitioners reported $135,627 in wages,              
          $498 in taxable interest, $793 in taxable refunds or credits, and           
          $611 in unemployment compensation for an adjusted gross income              
          (without the passive activity loss) of $137,529.  Petitioners’              
          adjusted gross income exceeds $100,000 by $37,529.  Fifty percent           
          of $37,529 is $18,764 (rounded).  Petitioners’ maximum offset               
          amount of $25,000 is reduced by $18,765 to $6,236.  Thus, we find           
          that petitioners are entitled to rental real estate losses of               
          $6,236 under section 469(i), as determined by respondent in the             
          notice of deficiency.                                                       
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                               Decision will be entered for           
                                           respondent.                                











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