maybe here are the filing requirements
Who Must File
Form 8582 is filed by individuals,
estates, and trusts who have passive
activity deductions (including prior year
unallowed losses). However, you don’t
have to file Form 8582 if you meet the
following exception.
Exception
You actively participated in rental real
estate activities (see Special Allowance
for Rental Real Estate Activities, later),
and you meet all of the following
conditions.
• Rental real estate activities with
active participation were your only
passive activities.
• You have no prior year unallowed
losses from these (or any other passive)
activities.
• Your total loss from the rental real
estate activities wasn’t more than
$25,000 ($12,500 if married filing
separately).
• If you’re married filing separately, you
lived apart from your spouse all year.
• You have no current or prior year
unallowed credits from a passive
activity
• Your modified adjusted gross income
(see the instructions for line 6, later) was
not more than $100,000 (not more than
$50,000 if married filing separately).
• You don’t hold any interest in a rental
real estate activity as a limited partner or
as a beneficiary of an estate or a trust.