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Passive Activity Loss Rules - The Pendulum, At Long Last, Is Swinging Back Our Direction

Total Credits: 4 including 4 Taxes - Technical

Average Rating:
ACPEN Industry Institute |  ACPEN Tax Institute |  Tax |  IRS Approved
Bradley Burnett, J.D., LL.M.
Course Levels:
4 Hours
Product Type:
Live Webcast Replay


Practitioners are increasingly reporting a surge in IRS audit activity enforcing the passive activity loss rules.  The pendulum of passive loss cases in the Tax Court, after decades, is swinging more favorably for the taxpayer.  How to make sense of it all?  This course enables the participant to compentently approach passive activity loss terrain to prevent trouble and create intended results.


**This course is approved by the IRS. The submission of a completed request form, found under the materials tab, is required for credit. Please send completed form to

Basic Course Information

Learning Objectives

*To gain a working knowledge of and planning flair for the intricate passive activity loss rules for business and rentals

*To learn the 5 step approach to framing any passive loss analysis, keeping good passive loss files (and records) and preventing tax losses from being temporarily or permanently

Major Subjects

*Structuring and operating to avoid losses irretrievably being stranded as “passive”

*Passive Activity Loss 5 Step Approach – How it saves souls from drowning in the abyss

*What may and may not be grouped together – How grouping can win the battle or sink you

*Fresh Start Regrouping Rules - The biggest thing to hit PAL rules since 1986

*Why “non-passive” and “active” are not even close to the same thing

*How the way a pass-through entity reports activities can protect or impale you

*How the Tax Court is rewriting the material participation time log (or not) rules

*IRS’ Passive Activity Audit Guide: Biases revealed and secrets told

*Which hurdle do you jump over first? Basis, at-risk, PAL, NOL? Which second, third, fourth?

*How to keep (and show your client how to keep) "off tax return" records to avoid disastrous passive activity train wrecks

*Real estate professional – The “live for today” election – Every hand’s a winner, every hand’s a loser

*Recharacterization rules: Navigating through the land mines to safety

*Effects of various transactions between a closely held entity and its owner, including self charged interest, self charged rent and other self charged transactions

*What do the passive loss rules have to do with estate planning anyway?

*Timing, timing, timing and other freight train stories – a/k/a Why I want a “complete disposition” when I grow up

Course Materials


Bradley Burnett, J.D., LL.M. Related seminars and products: 19

Bradley Burnett, J.D., LL.M. (Taxation), is a practicing Colorado tax attorney with 33 years of tax practice experience. His practice emphasis is on tax planning and tax controversy resolution. He also prepares a handful of tax returns.

Prior to establishing his own law firm in 1990, he practiced tax accounting with national and local CPA firms, worked as trust officer for a Denver bank and managed the tax department as partner in a medium-sized Denver law firm. After receiving his undergraduate degree in accounting and law degree (J.D.), he earned a Master of Laws (LL.M.) in Taxation from the University of Denver School of Law Graduate Tax Program.

Mr. Burnett has delivered more than 3,000 presentations on U.S. tax law throughout all fifty U.S. states, Washington, D.C., the Bahamas, Italy, Greece, Turkey and Canada. He has authored texts of 35 CPE courses.

Bradley served as adjunct professor at the University of Denver School of Law Graduate Tax Program, where he pioneered an Employment Tax course and occasionally pinch hit teaching the IRS Practice and Procedure topic.  He has appeared on television answering tax questions for call-in viewers of Denver NBC affiliate KUSA Channel 9.  Brad received the Illinois Society of CPAs Instructor Excellence Award for teaching in Chicago and five times has been the top rated, most requested instructor for CPA Society annual tax conferences.

Burnett’s seminar style is to deliver the subject matter in briskly paced, enthusiastic and witty fashion. His forte’ is the candid communication of practical ideas relating to tax law.

Additional Info

Basic Course Information

Prerequisites None
Advanced Preparation None
Designed For Anyone desiring to gain an in-depth working knowledge of the passive activity loss (PAL) rules and how to avoid losses from being stranded as passive
Original Recording Date 06/02/2016
Yellow Book No
Course Developer Bradley Burnett Tax Seminars, Ltd.
Date Added to Catalog 05/19/2016

Additional Information

Complaint Resolution Policy Please contact Anne Taylor for any complaints., (972-377-8199).
Official Registry Statement

Business Professionals' Network, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website:

Instructional Delivery Method Group Internet Based
Refund/Cancellation Policy

Please contact the ACPEN help desk 1-877-602-9877 or if you wish to cancel your attendance for a previously purchased webcast and are requesting a refund or transfer. 

Course Registration Requirements

Online Registration



Overall:      4.4

Total Reviews: 94


Jennifer M - Waco, Texas

"Great presenter - very easy to follow and great tools to use!"


"The one presenter format is good for a short course like this"

Mary T - Wilmington, North Carolina

"Excellent course. Speaker obviously had a lot of relevant experience and had give the issues a lot of thought. Well organized and helpful with his 5 step approach."

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