Robert W. and Lila L. Blewett - Page 11




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          Temporary Income Tax Regs., 53 Fed. Reg. 5703 (Feb. 25, 1988).              
          The preamble states that the exception applies if “an                       
          insubstantial amount of rental income is derived from property              
          that was recently used in a trade or business activity of the               
          taxpayer and is temporarily rented”.  Id.                                   
               We apply a regulation according to its plain or ordinary               
          meaning unless such interpretation would lead to absurd results             
          or another construction is supported by unequivocal evidence of             
          administrative intent.  Phillips Petroleum Co. v. Commissioner,             
          101 T.C. 78, 107 (1993), affd. without published opinion 70 F.3d            
          1282 (10th Cir. 1995).  Respondent does not suggest that the                
          application of the plain meaning of section 1.469-1T(e)(3)                  
          (vi)(C), Temporary Income Tax Regs., 53 Fed. Reg. 5703 (Feb. 25,            
          1988), leads to absurd results.  Thus, we must determine whether            
          the language from the preamble amounts to unequivocal evidence of           
          administrative intent to limit the exception to only those                  
          situations where the property being rented is no longer being               
          used in the trade or business activity.                                     
               The preamble does refer to the use of the property in the              
          trade or business activity in the past tense, and it does refer             
          to the use of the property in the rental activity in the present            
          tense.  However, in our view, rather than creating a separate               
          requirement in addition to the requirements set forth in the text           
          of the regulations, the preamble merely recites one example of a            






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