- 37 - claimed losses for the years in issue, the deductions are not allowable because petitioners were not "at risk" within the meaning of section 465 with respect to the Huntington indebtedness. Section 465(a) limits the losses a taxpayer may deduct with respect to a particular activity to the "aggregate amount with respect to which the taxpayer is at risk * * * for such activity". Sec. 465(a); Alexander v. Commissioner, 95 T.C. 467, 469 (1990), affd. without published opinion sub nom. Stell v. Commissioner, 999 F.2d 544 (9th Cir. 1993). Section 465(c)(3)(A)(i) provides that the "at risk" rules apply to each activity engaged in by the taxpayer in carrying on a trade or business or for the production of income. A taxpayer's "at risk" amount includes the amount of money and the adjusted basis of other property contributed by the taxpayer to the activity, section 465(b)(1)(A), as well as certain amounts borrowed with respect to the activity.26 Sec. 465(b)(1)(B). For borrowed amounts relating to a particular activity, a taxpayer is considered to be "at risk" where the taxpayer is personally liable for repayment of such amounts or has pledged assets unrelated to the business for which the money was borrowed. Sec. 465(b)(2)(A) and (B); Krause v. Commissioner, 92 26 The determination of the amount that a taxpayer has "at risk" as to a given activity is made at the close of the taxable year. Sec. 465(a)(1).Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011