DANRVAN

Not correct, how do you support that position? Not at all, it is temporary vs. indefinite since he took the job knowing it was going to last 4 months. If on the other hand he had taken the job not knowing if it was going to last for over a year, it would be indefinite instead of temporary. There is lots of case law to back this up.

So are saying ATX (or other software) will not e-file with an attached PR certification unless you incorrectly fill out 1310? Seems like I have done this before without the 1310. I prefer not to file an incorrect 1310 and would go with paper file if no other choice. I have one to prepare soon.

It is temporary if expected to last less than one year and does in fact last than one year, per Revenue Ruling 93-86

Not in the case Tom presented. Your tax home does not change when the job meets the IRS definition of temporary.

Your post does not tell how long the job in Milwaukee was expected to last, or did in fact last. Also whether he expected to return to Chicago for employment after the Milwaukee job ended.

It is support not provided by the taxpayer. I believe once you get past the support test you follow the qualifying child rules for CTC and stimulus.

HOLDING Under section 162 (a) (2) of the Code, as amended by the Energy Policy Act of 1992, if employment away from home in a single location is realistically expected to last (and does in fact last) for 1 year or less, the employment is temporary in the absence of facts and circumstances indicating otherwise. per Revenue Ruling 93-86

It is deductible if he expected the job to last less than one year and his expectation was to return home after the job had ended. There is plenty of case law to support this.

I haven't seen that situation addressed before. I don't believe it is a transferable credit. Also not aware of any provision of tax law that would prevent carryforward by original owner.

It should not and seems like it has worked in the past. If not it is a programming error. I have one coming up and will find out.

It goes to the living sister filing the claim on 1310.

The court appointed PR does not have to file 1310 with an original return, but instead attaches a copy of the appointment to the return. ATX has a link to attach it to e-file.

Does TP currently have any ownership in property? Not unless there is a legal and binding contact / note. Why do parent's have zero basis? Sounds like this transaction would be a partial sale / partial gift since the fmv is greater than the consideration given.

So I checked ATX and there it is. Great!

How do you plan to circumvent 162(a) in regards to disallowing deductions incurred before the activity became functional?

I don't believe 195 would apply unless the rental activity rose to the level of a trade or business. That was not indicated here, OP mentioned passive loss offset by profit of other rentals.

But for a semi weekly depositor, the Wednesday and Friday liability would both be on the following Wednesday, so I don't see an issue here.

That sounds right in this situation.

Is it actually going through an estate or reported on the final joint return by surviving spouse?

Agree, but was referring to the post here in regards to legal advice on operating agreements, forming LLC....etc.

And NOL carry forward from operating expenses from the day business opened.

That would depend on facts and circumstances, there are a list of factors looked at by case law. For instance the joint venture could have risen to the level of a trade or business providing services to to the tenants. In some cases joint ventures are preferred by real estate investors. For instance they can 1031 out of their fractional shares where as their interest in the partnership are not eligible for 1031.

Those are good points, but be careful to distinguish between management advice and legal advice.

No they do not. Co ownership and rental of real estate property does not meet the definition of a partnership per case law, unless an attorney talks them into filling forming an LLC. Your role is to inform them of the cost and tax filing requirements, the decision is theirs.

There is no reason to file 3115 in that situation. Just amend 2019 and go forward.