- 10 - entitled to deduct expenses under section 212(2).2 See Mitchell v. Commissioner, 47 T.C. 120, 128 (1966); Thomason v. Commissioner, T.C. Memo. 1997-480; sec. 1.212-1(b), Income Tax Regs. The Court concludes from the record that petitioners' activities with respect to the property for 2000 were of two separate types, a rental activity and an investment activity. "If the taxpayer engages in two or more separate activities, deductions and income from each separate activity are not aggregated either in determining whether a particular activity is engaged in for profit or in applying section 183." Sec. 1.183- 1(d)(1), Income Tax Regs. Because petitioners' property was used for more than one activity, one of which was not for profit, petitioners must allocate deductions relating to the property on a reasonable basis. Sec. 1.183-1(d)(2), Income Tax Regs. Because petitioners' mortgage interest and real estate taxes are specifically allowable as deductions under sections 163 and 164(a) without regard to the use of the property for profit, no allocation between the activities is necessary. Sec. 1.183- 1(d)(3), Income Tax Regs. 2 The deductions would appear to give petitioners a passive activity loss. See sec. 469(c)(1), (6)(B). Petitioners, however, are treated as "materially participating" in the investment activity under test two of sec. 1.469-5T(a), Temporary Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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