- 2 - for equipment he purchased and leased to his wholly owned professional corporation, Fred Misko, P.C. (the law firm). The issues for decision are whether petitioner was engaged in an equipment leasing activity for profit under section 183,2 and whether the section 469 passive activity rules limit his depreciation deductions. We find that petitioner engaged in the activity for profit. To determine whether the passive activity rules limit petitioner’s depreciation deductions, we must decide whether petitioner qualifies for the incidental activity exception to the passive loss rules. We find that petitioner qualifies. FINDINGS OF FACT The parties have stipulated some facts. The stipulation of facts and the accompanying exhibits are incorporated by this reference and are so found. Petitioner was a trial lawyer during the years at issue, practicing in Dallas, Texas, through the law firm.3 Petitioner has had a highly successful and varied practice throughout his 35-plus-year legal career. When petitioner first began his law practice, he managed about 100 cases a year, almost exclusively 2All section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated. 3The professional corporation was a closely held personal services corporation subject to the provisions of subch. C.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011