The principles behind the passive-activity loss limitations rules under Code Sec. 469 and the net investment income Medicare tax under Code Sec. 1411 are similar -- limit business losses from passive activities or raise the tax on passive-type income a bit more, when not the direct result (at least not a significant part) of a taxpayer's labor. Congress, however, did not leave it at that -- or, as some would argue, leave well enough alone.
Tax Strategy: Coordinating Activities for Both Passive-Loss and Net Investment Tax Purposes
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