Oren L. Benton - Page 14

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         attribute of petitioner that passed to the Benton estate at the              
         time of the bankruptcy petition.  See secs. 469(b), 1398(g).  By             
         statutory definition, a “passive activity deduction” does not                
         include a loss or deduction that is carried to the taxable year              
         under section 172(a).  See sec. 469(a) and (b); cf. sec. 1.469-              
         2T(d)(2)(ix), Temporary Income Tax Regs., 57 Fed. Reg. 20758 (May            
         15, 1992) (referring to and incorporating rules found in sec.                
         1.469-2(d)(2)(ix), Income Tax Regs.)                                         
              In general, when a taxpayer disposes of an entire interest              
         in a passive activity to an unrelated person in a fully taxable              
         transaction, all passive losses from the activity, both suspended            
         and current, are deductible from the taxpayer’s income whether               
         passive or nonpassive.  The loss available upon that type of                 
         disposition is no longer treated as passive to the extent of:                
         (1) Any loss from the activity for the tax year (including any               
         losses suspended in prior years), over (2) any net income or gain            
         for the tax year from all other passive activities (determined               
         after application of any losses suspended in prior years).  Sec.             
         469(g)(1)(A).  Hence only upon the Benton estate’s transfer of               
         its interest in a passive activity to the liquidating trustee–-a             
         transfer deemed a taxable disposition by reason of the                       
         settlement--would any suspended passive loss from that activity,             
         pursuant to section 469(g)(1)(A), qualify as a generally                     
         deductible nonpassive loss.  Id.; sec. 1.469-2T(d)(2)(v),                    






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