Richard B. May and Jane M. May - Page 6

                                        - 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