Cal Interiors Incorporated, et al. - Page 7

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          cases cited above.  Whereas petitioners state on brief that here,           
          unlike there, “it is crystal clear that the rental activity was             
          not contrived as a tax shelter”, they have directed us to no                
          evidence in support of that statement.  Nor have they directed us           
          to any evidence to support their related statement on brief that            
          the rental of the office served a bona fide business purpose in             
          that “It was reasonable that Cal Interiors and [S&C] Dent should            
          pay a fair rental for the [office] space”, given that the                   
          Beecher’s [sic] spent their personal funds to construct office              
          space”.  Contrary to petitioners’ belief, the taxpayers in those            
          other cases also presumably used their personal funds to purchase           
          the property that was the subject of the rentals there.                     
               Moreover, from a legal point of view, we read nothing in the           
          statute or in the legislative history thereunder that would                 
          require the Secretary to condition the recharacterization rule on           
          the absence of a bona fide purpose for a “self-rental” such as we           
          have here.  In fact, we and the Courts of Appeals that have                 
          considered the validity of the recharacterization rule have read            
          the statute and the underlying legislative history to support a             
          contrary conclusion that the Secretary was authorized by Congress           
          to apply the recharacterization rule to all self-rentals in which           
          there is material participation by the taxpayer.  As we stated in           
          Krukowski v. Commissioner, supra at 369-370:                                
               The [recharacterization] rule is tied directly to the                  
               following passage set forth by the conferees in their                  





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