Not so fast! Federal court denies real estate agent’s rental loss deduction

Description

Abstract: The IRS generally considers rental real estate investments as passive activities, meaning taxpayers can use any related losses only to offset income from passive investments. The tax code does grant an exception for rental activity losses incurred by real estate professionals, but it’s not enough just to qualify as a real estate professional. This article reviews a U.S. Court of Appeals for the Ninth Circuit ruling finding that real estate professionals must also prove that they materially participated in the rental property. Gragg v. Commissioner, Ninth Cir., No. 14-16053, August 4, 2016