Offsetting passive gain on K-1 with passive losses from other K-1

[Evan Loader]

My CPA firm is preparing my 2021 taxes, this is my 2nd year using them and I haven't had any notable issues until now. I invest significantly in syndication deals so I have a handful of K-1s from multiple states. I get an email today from the junior accountant preparing my return and she claimed that I I owed state income tax on one for a gain on a deal. The problem is I had passive losses from another K-1 in the same state to more than offset my passive gain.

She claimed I could not offset passive activity gain on one K-1 with passive activity losses from another K-1 investment. She claimed the only losses I could utilize to offset for the passive gain on that K-1 was any previous year losses on that same specific K-1 investment. That is news to me and flies in the face of why we bank and suspend passive losses to carry forward if needed to offset gains on that same deal in subsequent years if there are no passive gains to offset, or to offset passive gain on other K-1s in the same or subsequent years. Am I wrong here? The amount due isn't large, but I don't want to pay the tax if I don't actually owe it.  

I pushed back and wanted confirmation from the CPA who reviews the return for accuracy. I am awaiting feedback from the supervising CPA. 

[Brock Mogensen]

Not an accountant but you should be able to take losses from the K1 and apply to any passive gains.  Unless you are a "real estate professional" you won't be able to apply losses to active income. But sounds like you are just looking to apply it to other passive gains.