- 6 - Sec. 1.469-4T(c)(2), Temporary Income Tax Regs., 54 Fed. Reg. 20544. Operations are separate undertakings if one of these two prongs is not met. Sec. 1.469-4T(a)(3)(ii), (c)(2)(i), Temporary Income Tax Regs., 54 Fed. Reg. 20542, 20543. Operations are owned by the same person "if and only if one person (within the meaning of section 7701(a)(1)) is the direct owner of such operations." Sec. 1.469-4T(c)(2)(v), Temporary Income Tax Regs., 54 Fed. Reg. 20544. The term "person" includes an individual, partnership, association, company, or corporation. Sec. 7701(a)(1). Even if two operations are considered the same undertaking under the foregoing location/ownership test, rental operations and nonrental operations are still considered to be separate undertakings, unless "Less than 20 percent of the gross income of the paragraph (c) undertaking is attributable" to either the rental or nonrental operation (the de minimis exception). Sec. 1.469-4T(d)(1), (2)(ii) and (iii), Temporary Income Tax Regs., 54 Fed. Reg. 20547. A combination undertaking is then subject to the "predominant character rule". Under section 1.469-4T(d)(1)(iii), Temporary Income Tax Regs., supra, with reference to section 1.469-1T(e)(3), Temporary Income Tax Regs., 53 Fed. Reg. 5702 (Feb. 25, 1988), a combined rental-nonrental undertaking has the character of the rental operation only if the gross income from the combined operation represents amounts paid "principally" forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011