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Perspective

Aug. 12, 2016

9th Circuit: You can't automatically deduct rental losses

In a decision released last week, the court addressed the issue of whether Internal Revenue Code Section 469(c) automatically permits real estate professionals to deduct rental losses without showing material participation in the rental property.

Michelle M. McCarthy

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Nossaman LLP

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Univ of San Diego School of Law

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By Michelle M. McCarthy

In a decision released last week, the 9th U.S. Circuit Court of Appeals addressed the issue of whether Internal Revenue Code Section 469(c) automatically permits real estate professionals to deduct rental losses without showing material participation in the rental property. Gragg v. United States, 2016 DJDAR 7996 (Aug. 8, 2016), involved a real estate agent, Delores Gragg, and her husband, Charles Gragg (together t...

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