Legal Opinion

Aragona Trust v. Comm'r

United States Tax Court

Decided March 27, 2014No. Docket No. 15392-11PublishedCited by 6 opinions

T is a trust that owned rental real-estate properties and engaged in other real-estate activities. T's rental real-estate activities would be considered per se passive activities under I.R.C. sec. 469(c)(2) unless T qualified for the exception found in I.R.C. sec. 469(c)(7). This exception is applicable if more than one-half of the personal services performed in trades or businesses by the taxpayer are performed in real-property trades or businesses in which the taxpayer…

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T is a trust that owned rental real-estate properties and engaged in other real-estate activities. T's rental real-estate activities would be considered per se passive activities under I.R.C. sec. 469(c)(2) unless T qualified for the exception found in I.R.C. sec. 469(c)(7). This exception is applicable if more than one-half of the personal services performed in trades or businesses by the taxpayer are performed in real-property trades or businesses in which the taxpayer materially participates and if the taxpayer performs more than 750 hours of services during the year in real-property…

1Opinion of the Court

Morrison, Judge:

The respondent (referred to here as the “IRS”) issued a notice of deficiency to the Frank Aragona Trust (sometimes referred to here as the “trust”), determining the following deficiencies in federal income tax and the following penalties:

Year Deficiency Accuracy-related penalty sec. 6662(a)

2003 $86,289 $17,257.80

2004 421,292 84,258.40

2005 -0--0-

2006 84,540 16,908.00

The trust filed a petition as permitted by section 6213(a).1 We have jurisdiction to redetermine the deficiencies and penalties under section 6214(a). After concessions,2 the two issues remaining for decision…

2Cases cited5 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Estate of Bongard v. Comm'rUnited States Tax Court · 2005
  3. In Re Butterfield EstateMichigan Supreme Court · 1983
  4. Bronstein v. CommissionerUnited States Tax Court · 2012
  5. Mattie K. Carter Trust Ex Rel. Fortson v. United StatesDistrict Court, N.D. Texas · 2003

3Cited by6 opinions

  1. Aragona Trust v. Comm'rUnited States Tax Court · 2014
  2. Coastal Heart Med. Group, Inc. v. Comm'rUnited States Tax Court · 2015
  3. Frank Aragona Trust, Paul Aragona, Executive Trustee v. CommissionerUnited States Tax Court · 2014
  4. Makhlouf v. Comm'rUnited States Tax Court · 2017
  5. Rost v. United StatesCourt of Appeals for the Fifth Circuit · 2022

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