- 5 - Total Expenses (Including Year Rents received Depreciation) Net loss 1996 $94,050 $167,397 $73,347 1997 87,030 154,324 67,294 In the notice of deficiency, respondent determined, inter alia, that petitioner’s rental real estate losses were passive activity losses that were limited to $25,000 each year. Petitioners timely filed a petition with the Court disputing respondent’s determinations. Discussion5 Generally, section 469 disallows a deduction for passive activity losses incurred by individual taxpayers for the taxable year. Sec. 469(a)(1). A passive activity loss is the excess of the aggregate losses from all passive activities for the taxable year over the aggregate income from all passive activities for such year. Sec. 469(d)(1). In general, a passive activity is any trade or business in which the taxpayer does not materially participate. Sec. 469(c)(1). Rental activities are presumptively passive, without regard to whether the taxpayer materially participates in the activity. Sec. 469(c)(2), (4). The presumptive rule that a rental activity is a passive activity, however, does not apply to the rental real estate 5 We decide this case without regard to the burden of proof. Accordingly, we need not decide whether the general rule of sec. 7491(a) is applicable in this case. Higbee v. Commissioner, 116 T.C. 438, 446 (2001).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011