- 2 - MEMORANDUM FINDINGS OF FACT AND OPINION NIMS, Judge1: Respondent determined deficiencies in the Federal income tax of petitioners, William N. Carlstedt and Moira M. Carlstedt, in the amounts of $180,351 and $183,550, for the taxable years ended December 31, 1990, and December 31, 1991, respectively. (The term petitioner will be used henceforth to refer to William N. Carlstedt.) All section references are to sections of the Internal Revenue Code in effect for the years at issue, unless otherwise indicated. All Rule references are to the Tax Court Rules of Practice and Procedure. After concessions by petitioners, the issues for decision are as follows: 1. Whether petitioner engaged in the activity of Carlstedt Dickman, Inc. (CDI) for 500 hours or less in both 1990 and 1991, such that petitioner did not materially participate in CDI pursuant to section 469 and temporary regulations thereunder; and, if so, 2. Whether section 1.469-2T(f)(2), Temporary Income Tax Regs., 53 Fed. Reg. 5721 (Feb. 25, 1988), is invalid on its face 1 With the consent of counsel for the parties, the Chief Judge reassigned this case, after the death of Judge Irene F. Scott, to Judge Arthur L. Nims, III, for disposition on the existing record.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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