A regular area for Tax Court litigation for the past few years involves individuals with a few rental properties deducting the losses from them under the theory they are real estate professionals (using a special rule of section 469(c)(7)). These individuals usually have jobs outside of the real estate profession and do not devote more hours than in their other employment to the rentals. They clearly do not qualify for the special rule. Yet, they claim the loss (rate her than carrying it forward) and then after losing during the Internal Revenue Service audit, they go to Tax Court and lose. Why? A better way to challenge would be to try to get Congress to change the law. Perhaps trying to convince Congress to increase the income limit so they could use up to $25,000 of the loss currently (under a modified section 469(i)). Read More