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