- 8 - Having summarized the concerns of Congress in enacting section 469 into the Code, we shall now summarize certain provi- sions of that section that are pertinent here. Pursuant to section 469(a), a taxpayer is not allowed to offset a passive activity loss for the taxable year against other income for such year. For purposes of section 469, a passive activity loss for the taxable year is the amount, if any, by which the aggregate losses from all passive activities for the taxable year exceed the aggregate income from all passive activities for such year. Sec. 469(d)(1); sec. 1.469-2T(b)(1), Temporary Income Tax Regs., 53 Fed. Reg. 5711 (Feb. 25, 1988). The term “passive activity” is defined in pertinent part as any activity in which the tax- payer does not materially participate. Sec. 469(c)(1). Any rental activity is a passive activity, regardless whether the taxpayer materially participates in the activity. See sec. 469(c)(2). Under section 469(b), a passive activity loss is treated as a deduction allocable to the passive activity giving rise to such loss for the succeeding taxable year. Under that section, a passive activity loss may be carried forward indefinitely. In addition, section 469(g)(1) provides in pertinent part: SEC. 469. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED. * * * * * * * (g) Dispositions of Entire Interest in Passive Activity.--If during the taxable year a taxpayer dis-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007