Douglas E. Kahle - Page 6

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            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" for                          




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