- 10 - 781, 795 (11th Cir. 1984)). To make an election, “the taxpayer must exhibit in some manner * * * his unequivocal agreement to accept both the benefits and burdens of the tax treatment afforded” by the governing statute. Kosonen v. Commissioner, supra (quoting Young v. Commissioner, 83 T.C. 831, 839 (1984), affd. 783 F.2d 1201 (5th Cir. 1986)). “A taxpayer has not made an election if it is not clear from the return that an election has been made.” Id. Conclusion On the basis of the record, it is not clear from any of petitioners’ relevant returns that petitioner made an election under section 469(c)(7)(A). Petitioners’ consistent treatment of aggregating the rental income and expenses on their Schedules E is not a deemed election to treat the rental real estate activities as a single activity under the requirements of section 469(c)(7)(A). Accordingly, petitioner did not elect to treat his rental real estate activities as a single activity under section 469(c)(7)(A). Respondent’s determination is therefore sustained. Although petitioner does not qualify as a real estate professional, respondent allowed petitioners to deduct $25,000 for each of the taxable years in issue pursuant to the $25,000 offset for rental real estate activities under section 469(i).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011