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Timothy Gates and Prada Singh decide to form a new company, TGPS LLC (a multimember LLC that will report its operations as a partnership). Timothy is married, and Prada is single. Each contributes $400,000 of capital to begin the business, and both materially participate in the business. In 2019, TGPS reports a net loss of $580,000. What are the implications of this loss for Timothy and Prada?

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Answer:

Since Timothy is married (and probably files as married filing jointly) can use $290,000 (half of the total loss) to offset nonbusiness income.

On the other hand, since Prada is single, she has an excess business loss of $40,000 ($290,000 - $250,000). She can only use $250,000 (part of her share of the loss) to offset nonbusiness income. The remaining $40,000 must be carried forward and may be used in the future.

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