William N. and Moira M. Carlstedt - Page 29

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            Fed. Reg. 5725 (Feb. 25, 1988); consequently, petitioners may not                            
            offset passive losses from the partnerships against CDI income in                            
            those years.  See Rule 142(a); Mordkin v. Commissioner, T.C.                                 
            Memo. 1996-187.                                                                              
            II.  Whether Section 1.469-2T(f)(2), Temporary Income Tax Regs.,                             
            Is Invalid                                                                                   
                  Since we hold that petitioners have failed to establish                                
            that petitioner did not materially participate in the activity of                            
            CDI during the years at issue, we need not address the validity                              
            of section 1.469-2T(f)(2), Temporary Income Tax Regs., 53 Fed.                               
            Reg. 5726-5727 (Feb. 25, 1988), either in general or as applied                              
            to petitioners in this case.  (The brief amicus filed on behalf                              
            of the National Realty Committee addresses only this point.)                                 
                  To reflect the foregoing and issues previously conceded,                               


                                                             Decision will be entered                    
                                                       for respondent.                                   


















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