Meeting the Passive Loss Requirements as a Surviving Spouse

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2009-04-17
Authors
Harl, Neil
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Abstract

The Internal Revenue Service has addressed, in a technical advice memorandum,1 the cross-referencing from the special use valuation rules2 to the passive activity rules3 in determining whether the material participation rules (on a regular, continuous and substantial basis) were met for a farming operation after the death of the husband and before the death of the wife.5 The farm operation was conducted through a limited liability company wholly owned by a grantor trust.6

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