William N. and Moira M. Carlstedt - Page 16

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            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).                                                                     











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