To ice the cake, we should impose an
at-risk rule, which states that an investor can't write off losses on money for which he is not personally liable, such as the non-recourse loans that multiply McGovern's deductions.
Losses of an S corporation suspended under the
at-risk rules of Sec.
465 regulations provide significant guidance and detailed examples of the application of the
at-risk rules. In addition to the general policy that, when no final regulations are available, the IRS Chief Counsel will not take a position harsher to the taxpayer than that available in proposed regulations (Internal Revenue Manual [section]32.1.1.2.2), the long-standing nature of these proposed regulations has resulted in a de facto reliance not usually afforded to other proposed guidance.
Under paragraph 111(1)(e) limited partnership losses that cannot be deducted against other sources of income because of the
at-risk rules can generally be carried forward indefinitely and claimed against future limited partnership income.
The passive activities and
at-risk rules provide hurdles that taxpayers must overcome in order for certain losses to offset other sources of income in a given year.
A beneficiary of a qualified subchapter S trust may deduct suspended losses under the
at-risk rules and the passive loss rules when the trust disposes of the S corp stock.
The second limitation that may limit the current use of losses is the
at-risk rules of IRC section 465.
Alternative minimum tax 0.00 1.46 10.2 29.6 58.7 4.45 Passive activity losses 0.00 2.93 15.1 31.2 50.2 4.29
At-risk rules 1.46 5.85 17.1 31.2 44.4 4.10 Supplemental inc.
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At-Risk Rules. The proposed bill would modify the "at-risk" rules for real estate to provide that a taxpayer is considered "at risk" for certain financing so long as the financing is qualified publicly-traded debt.
In addition, the
at-risk rules were extended to real estate.
The 1976 TRA
at-risk rules applied to non-real estate tax shelters increase the value of both REITs and real estate corporations relative to entities holding non-real estate tax shelter assets.
(13) The
at-risk rules are covered in detail in Chapter 17, Passive Activity and
At-Risk Rules.