- 29 - Fed. Reg. 5725 (Feb. 25, 1988); consequently, petitioners may not offset passive losses from the partnerships against CDI income in those years. See Rule 142(a); Mordkin v. Commissioner, T.C. Memo. 1996-187. II. Whether Section 1.469-2T(f)(2), Temporary Income Tax Regs., Is Invalid Since we hold that petitioners have failed to establish that petitioner did not materially participate in the activity of CDI during the years at issue, we need not address the validity of section 1.469-2T(f)(2), Temporary Income Tax Regs., 53 Fed. Reg. 5726-5727 (Feb. 25, 1988), either in general or as applied to petitioners in this case. (The brief amicus filed on behalf of the National Realty Committee addresses only this point.) To reflect the foregoing and issues previously conceded, Decision will be entered for respondent.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
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