TaxNye77
Returning Member

What IRS code or law says I Must file an amended return for Depreciation expenses not claimed or needed?

I understand that I have to account for depreciation when I sell for the correct gain calcuation, but I can find no law that says I have to take it as an expense deduction.  I do not get a taxable benefit from this,  Due to passive activity limitations.  I know when I sell the home, they will  use " recapture methods" to get the basis for taxable gains.    Each year there has been a loss due to management fees taxes and mortgage interest alone. I can only claim Zero income, no losses, because I make way to much.  Someone is telling me its a requirement to file an amended return, and  I can find no proof of that anywhere.   Claiming it would " increase my Carryforward" losses, but I never get to use them, I make too much money.  Why do I have to by law file this with the IRS? What law or regulation is saying I have too?