Maria, who owns a 50% interest in a restaurant, has been a material participant in the restaurant activity for the last 20 years. She retired from this business at the end of last year; however she retained her ownership interest and she continues to be a material participant in a retail store in which she is a 50% general partner. The restaurant produced a loss this year and her share of the loss is $80,000. Her share of the retail store is $150,000. She does not have an interest in any other activities.
a. Maria cannot deduct the $80,000 loss from the restaurant because she is not a material participant.
b. Maria can offset the $80,000 loss against the $150,000 of income from the retail store.
c. Maria will not be able to deduct any losses from the restaurant until she has been retired for at least three years.
d. Assuming that Maria continues to hold the interest in the restaurant, she will always treat the losses as active.
e. None of the above
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