The IRS issued a notice of deficiency for tax years 2008 through 2010. They disallowed the passive activity loss and tacked on a Section 6662(a) accuracy-related penalty. Hardy appealed for redetermination in a timely manner. He challenged the IRS's determination that he could not claim passive activity loss deductions against the income from MBJ and the accuracy-related penalties.
No matter what, if you own something, you will have to put some effort towards it, yes. Even if you are as hands-off as possible, you may need to use your brain occasionally. Although I would say with mine, I might have to use my brain for a total of a 30 minutes or less a year. The only thing I do for my properties are answer emails or calls from my property manager and give him approval to do random things. That doesn’t even happen that often though. The most ‘work’ I ever do on my properties, other than give approval for repairs, is stress if there is a vacancy or turnover or something. Stressing is pretty passive though. Oh, and I spend 20 minutes or less gathering any documents I have for my accountants come tax time.
As a general rule, the passive activity loss rules are applied at the individual level. Although Internal Revenue Code Section 469 was enacted to discourage abusive tax shelters, its impact extends far beyond shelters to virtually every business or rental activity whether reported on Schedules C, F, or E, as well as to flow through income and losses from partnerships, S- Corporations, and trusts. Generally, the law does not apply to regular C-Corporations although it does have limited application to closely held corporations.