Legal Opinion

Moss v. Commissioner

United States Tax Court

Decided September 20, 2010No. Docket No. 26600-08PublishedCited by 36 opinions

Ps owned rental properties that generated losses for the year in issue. R contends that Ps are subject to the passive activity loss limitations of sec. 469, I.R.C. Ps offered a summary of the time P husband worked on the rental properties. The summary showed that P husband worked on the properties for less than the 750 hours required by sec. 469(c)(7)(B)(ii), I.R.C.

Read the full summary

Ps owned rental properties that generated losses for the year in issue. R contends that Ps are subject to the passive activity loss limitations of sec. 469, I.R.C. Ps offered a summary of the time P husband worked on the rental properties. The summary showed that P husband worked on the properties for less than the 750 hours required by sec. 469(c)(7)(B)(ii), I.R.C. Ps, however, contend that, in addition to the time P husband actually worked, he was "on call" for work on the rental properties during the time that he was not at his full-time job and that the "on call" hours should count toward…

1Opinion of the Court

Wells, Judge:

Respondent determined a deficiency of $8,070 in petitioners’ Federal income tax for their 2007 tax year and an accuracy-related penalty pursuant to section 6662(a) of $1,614. We must decide the following issues: (1) Whether the loss of $40,490 claimed on petitioners’ Schedule E, Supplemental Income and Loss, should be disallowed because petitioners failed to meet the restrictions on passive activity losses under section 469; and (2) whether petitioners are subject to the accuracy-related penalty pursuant to section 6662(a) for the year in issue.

FINDINGS OF FACT

Some of the facts…

2Cases cited3 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. HIGBEE v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2001
  3. Indopco, Inc. v. CommissionerSupreme Court of the United States · 1992

3Cited by36 opinions

  1. Adeyemo v. Comm'rUnited States Tax Court · 2014
  2. Tolin v. Comm'rUnited States Tax Court · 2014
  3. Williams v. Comm'rUnited States Tax Court · 2014
  4. Anyika v. Comm'rUnited States Tax Court · 2011
  5. Oatman v. Comm'rUnited States Tax Court · 2017

31 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API