Douglas E. Kahle - Page 9

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            of operations into a single undertaking.  Furthermore, by its                             
            plain language, this provision does not apply to rental                                   
            operations.3  Moreover, the reference to direct ownership in                              
            section 1.469-4T(c)(2)(v), Temporary Income Tax Regs., supra,                             
            makes it clear that ownership, not control, is the relevant                               
            factor in determining combinability under this section.                                   
                  Thus, because we find that the ownership test of section                            
            1.469-4T(c)(2), Temporary Income Tax Regs., supra, has not been                           
            met, we hold that petitioner may not combine the Rental Operation                         
            and his share in Associates' nonpassive operations into a single                          
            undertaking.  See Wiseman v. Commissioner, supra; see also 5                              
            Mertens, Law of Federal Income Taxation, sec. 24C.11 (1990); cf.                          
            Moore v. United States, 943 F. Supp. 603, 615-617 (E.D. Va.                               
            1996).                                                                                    
                  In any event, petitioner cannot succeed herein because he                           
            cannot satisfy the de minimis exception of section 1.469-4T(d),                           
            Temporary Income Tax Regs., supra.                                                        



                  3  Sec. 1.469-4T(f)(1)(i) and (ii)(A), Temporary Income Tax                         
            Regs., 54 Fed. Reg. 20552 (May 12, 1989), provides:                                       
                  (1) Applicability.  (i) In general. This paragraph (f)                              
                  applies to a taxpayer's interests in trade or business                              
                  undertakings (within the meaning of paragraph                                       
                  (f)(1)(ii) of this section).                                                        
                        (ii) Trade or business undertaking. For purposes of                           
                  this paragraph (f), the term "trade or business undertaking"                        
                  means any undertaking in which a taxpayer has an interest,                          
                  other than --                                                                       
                              (A) A rental undertaking * * * [Emphasis added.]                        




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