- 13 - real estate professional, we need not consider whether she materially participated in the rental activities. See sec. 469(c)(7)(B). Although petitioners did not raise the issue, we note that section 469(i) provides an exception to the general rule that passive activity losses are disallowed. A taxpayer who “actively participates” in a rental real estate activity can deduct a maximum loss of $25,000 per year related to the activity. Sec. 469(i)(1) and (2). This exception is fully phased out, however, when adjusted gross income (AGI) equals or exceeds $150,000. Sec. 469(i)(3)(A), (E). Petitioners reported AGI of $179,359.2 Accordingly, they cannot deduct any amount of 1(...continued) Hanna testified that overbilling was common among computer consultants in her position, this practice raises the question of whether she also inflated the hours reflected in the narrative summary. 2 Under sec. 469(i)(3)(E)(iv), adjusted gross income (AGI) is determined without regard to any passive activity loss or any loss allowable by reason of sec. 469(c)(7). We do not address the application of sec. 469(i)(3)(E)(iv) to the present case because the AGI that petitioners reported already exceeds the $150,000 limitation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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