- 2 - Background Petitioner resided in Los Angeles, California, when his petition was filed. During 2002 (and apparently in 2003 as well), petitioner owned a 90-percent interest in Great American Poolcare, LLC (Great American). Great American filed a Form 1065, U.S. Return of Partnership Income, for 2002, which reported a loss of $166,743.2 Great American attached to its 2002 return a Form 4562, Depreciation and Amortization, that reported a tentative section 179 deduction of $21,028. However, because of the applicable business income limitation,3 the deduction was not claimed on Great American’s 2002 return or utilized in the calculation of Great American’s 2002 loss. Instead, Great American carried over its tentative 2002 section 179 deduction to 2003. Sometime before August 29, 2005, respondent examined petitioner’s 2002 and 2003 returns, including petitioner’s distributive share of Great American’s 2002 net loss. On 2Respondent ultimately conceded the audit adjustments to Great American’s 2003 return. Consequently, the record does not include the details of Great American’s return for 2003. 3Under sec. 179(b)(3), the amount allowed as a deduction is limited to the taxpayer’s aggregate taxable income derived from the active conduct of a trade or business. Since Great American reported a loss, it could not claim the deduction under sec. 179. Sec. 179(b)(3)(B) allows a taxpayer to carry over an unused deduction to future years in which the taxpayer reports taxable business income.Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: March 27, 2008