- 16 - On the instant record, we find that petitioner has failed to carry his burden of establishing that the transitional rule was not premised upon a rational basis and instead was based upon a 9(...continued) other relief, but only for certain taxable years, to taxpayers who were not entitled to the relief provided by the transitional rule and who therefore were subject to sec. 469. Sec. 469(m) provides in pertinent part: SEC. 469. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED. * * * * * * * (m) Phase-in of Disallowance of Losses and Credits for Interest Held Before Date of Enactment.-- (1) In general.--In the case of any passive activity loss or passive activity credit for any taxable year beginning in calendar years 1987 through 1990, subsection (a) shall not apply to the applicable percentage of that portion of such loss (or such credit) which is attributable to preenactment interests. (2) Applicable percentage.--For purposes of this subsection, the applicable percentage shall be determined in accordance with the following table: In the case of taxable The applicable years beginning in: percentage is: 1987...............................65 1988...............................40 1989...............................20 1990...............................10 Sec. 469(m)(3)(B)(i) defines the term “pre-enactment interest” to mean, in general, “any interest in a passive activity held by a taxpayer on the date of the enactment of the Tax Reform Act of 1986, and at all times thereafter.” Petitioner appears to have qualified for the relief from the application of sec. 469(a) that Congress provided in sec. 469(m).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007