- 16 - partnership issue and allocated his time spent dealing with such matters accordingly. Moreover, in the minutes of certain meetings, petitioner was listed as representing Citimark, while at other meetings on the same matter, petitioner was listed as representing CDI. OPINION We must decide whether petitioner materially participated in the activity of CDI during the years at issue for purposes of section 469 and the temporary regulations thereunder. If so, then petitioners cannot offset their share of passive losses from the partnerships against income from CDI. If petitioner is found not to have materially participated in CDI, we must then consider whether 1.469-2T(f)(2), Temporary Income Tax Regs., 53 Fed. Reg. 5721 (Feb. 25, 1988), which under certain circumstances recharacterizes as active income that which would otherwise be considered passive, is invalid on its face or as applied to petitioners. We note at the outset that the determinations of respondent in a notice of deficiency are presumed correct, and taxpayers bear the burden of proving that respondent's determinations are incorrect. Rule 142(a).Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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