- 9 - expenses claimed on the ARA Schedule C. See sec. 6001; sec. 1.6001-1(a), (e), Income Tax Regs. The Court sustains respondent's disallowance of the ARA Schedule C deductions. B. Schedule E Rental Real Estate Losses Petitioners reported a rental real estate loss of $2,635 from the rental of their property in Georgia. They applied the loss against petitioner's wages from Eli Lilly. Respondent disallowed the loss. Section 469 generally prevents a taxpayer from deducting passive activity losses from income unrelated to a passive activity, requiring that passive losses be used only to offset passive income. Sec. 469; Schwalbach v. Commissioner, 111 T.C. 215, 223 (1998). A taxpayer's right to make use of passive activity losses in any year is limited to the amount of the taxpayer's passive activity income for that year. Sec. 469(a), (d)(1). Amounts disallowed may be carried forward to subsequent years. Sec. 469(b). Subject to exceptions not relevant here, a passive activity loss includes all losses from passive activities, and a rental activity is defined by section 469(c)(2) to be a "passive activity". Although petitioners are not entitled to offset the rental real estate loss against petitioner's wages, section 469(i) allows a taxpayer to claim up to $25,000 per year in passive activity losses from rental real estate activities in which thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011