His business plan I like what he does.

Especially the LLC and business bank account. 

But you can still treat it as resulting in Ordinary Income even though it is reported on Schedule E, which lets you properly report in accordance with the tax results it seems you are shooting for under the tax return loophole.If your CPA is looking at switching it between schedules to get that tax result...it sounds like they don't understand the reporting position fully and/or they just don't know how to use their own software to address it.In summary, based on what you are describing for the situation, it should go on Schedule E, with what sounds like the resulting refund of $17k.

Which in turn will bring plenty of other investors and general business to the market.

A lot of manpower is lost.As we approach our busy section 8 season (for us April - July) I am looking for better ways (more affordable and efficient options to the investors bottom line) to plan for and execute the workload which may include hiring someone that has section 8 experience to handle our CHA inspections(and associated maintenance work) or a company that we can outsource when the weeks get slammed with inspections. 

My wife and I are based in Florida and work as non-profit business consultants.

I am a business owner and have an S-corporation.

I look for job diversity, blue and white collar; popultation growth; business growth; school ratings; and pride in ownership!

I own 1 profitable rental property and I am retired, keep separate records on my rental property.According to IRS guidance it states:  "If an interest in real estate fails to satisfy all the requirements of the safe harbor, it may still be treated as a trade or business for purposes of the section 199A deduction if it otherwise meets the definition of a trade or business in the section 199A regulations."

I haven't worked with a lender who would not release some, but not all of the lots out of a loan in the scenario you're describing.