Mobile Edition


Section 469(c)(7) Procedure, Practice, and Regulatory Implications (AC469P18)

 
Date:Thursday, December 28, 2017
Time:5:00 PM - 8:00 PM
(Registration at 4:30 PM)
Facility:Webcast or Webinar, Online
CPE Credit:3.0 Technical Business
Instructor: David R. Jenkins
Vendor:ACPEN
Course Level:Intermediate
Early Bird Price:$99.00 FICPA Members, $129.00 Non-Members

Description:

My October 2016 Journal of Taxation paper, “Section 469’s Activity and Participation Conclusive Presumptions,” makes clear the Tax Court’s March 2014 Aragona Trust decision distilled previously confused rental real property trade or business activity and material participation distinctions. This paper concludes Aragona Trust is procedurally retroactive, outlines transition practices, and calls for regulatory changes.

Syllabus

Lesson 1.

Introduction

Lesson 2.

Aragona Trust is Procedurally Retroactive

Lesson 3.

Pragmatic Transitioning Practices

Lesson 4

The Call for Regulatory Change

Lesson 5

Conclusion



Objectives:

  • Recognize the Tax Court’s March 2014 Aragona Trust decision should be correctly accorded retroactive treatment

  • Recognize transition practices correctly involve amending all open-year returns that had reported Section 469(c)(7) rental real property trade or business activities inconsistent with Aragona Trust

  • Recognize the Secretary of the Treasury has a duty, and the reasons therefor, to correctly revise Section 469 and 1402 regulations to be consistent with Aragona Trust’s tenets



    Major Topics:

  • Section 469(c)(7) rental real estate trade or business activity and material participation conclusive presumptions

  • Procedural retroactivity of court decisions and application to the Tax Court’s March 2014 Aragona Trust decision

  • Transitioning from pre-Aragona Trust decision real estate professional practices to Section 469(c)(7) rental real estate trade or business activity and material participation conclusive presumption practices

  • Call for Section 469 and 1402 regulatory changes  



    Who Should Attend:
    *CPAs *Attorneys *Enrolled Agents *Enrolled Retirement Plan Agents *Self-directed Retirement Plan Fiduciaries, Custodians, and Administrators *Self-directed Retirement Plan Account Holders *Tax Return Preparers

    Prerequisite:
    This webcast is an intermediate continuing education webcast. It is assumed the webcast participant has successfully completed the ACPEN/BPN webcast, "Section 469's Activity and Participation Conclusive Presumptions"

    Advanced Preparation:
    None

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    Registration Status: CLOSED - Online registration for this course is now closed. Please contact the Member Service Center at (800) 342-3197 if you wish to inquire about registering.