Kirk, David

Mortgage broker is not a real estate professional

The article discusses the court case in which independent contractor Kurt Hickam claimed rental real estate loss deductions on his 2011 and 2012 tax returns for the properties he owns and by his family members. The U.S. Internal Revenue Service (IRS) found that the passive activity loss rules should be applied. The court ruled that Hickam's mortgage brokerage services and loan origination services were not qualified as real property trades or businesses under Sec. 469(c)(7)(C)