Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 188

                                        -261-                                         
          IX.  At-Risk and Passive Activity Loss Rules                                
               Respondent argues, alternatively, that to the extent the               
          losses SMP and Corona reported on their partnership tax returns             
          are allowed, certain partnership-level determinations relating to           
          the at-risk and passive activity loss rules must be made in this            
          proceeding.182  Petitioner argues that we do not have jurisdiction          
          over at-risk and passive activity loss determinations in a                  
          partnership-level proceeding, and that these issues must be                 
          resolved only in an affected-item proceeding at the partner                 
          level.  Because our decision in these cases results in a                    
          disallowance of the losses that SMP and Corona claimed on their             




               182 Under sec. 465, respondent argues that to the extent the           
          losses SMP reported on its sales of the $150 million and $81                
          million receivables are allowed, those losses arose from a film             
          activity that was a separate activity from its other investment             
          activities for purposes of applying the at-risk limitation rules.           
          Respondent argues that to the extent the loss Corona reported on            
          its sale of the $79 million receivable is allowed, that loss                
          arose from a film activity that was a separate activity from its            
          portfolio investment activities for purposes of applying the at-            
          risk limitation rules.                                                      
               Additionally, under sec. 469, respondent argues that to the            
          extent the losses SMP reported on its sales of the $150 million             
          and $81 million receivables and the portions of its Corona                  
          membership interests, and any flow-through losses from Corona,              
          are allowed, those losses arose from a film trade or business               
          that cannot be combined with other trade or business activities             
          in SMP.  Respondent argues that to the extent the loss Corona               
          reported on its sale of the $79 million receivable is allowed,              
          that loss arose from a film trade or business that cannot be                
          combined with other trade or business activities in SMP.                    





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