- 34 - Income Tax Regs., 53 Fed. Reg. 5711 (Feb. 25, 1988), was initially adopted on February 19, 1988. T.D. 8175, 1988-1 C.B. 191. Although amendments to section 1.469-2T, Temporary Income Tax Regs., supra, have occurred since adoption, the specific subsections relied upon by respondent and cited herein have not changed. Therefore, because section 1.469-2T, Temporary Income Tax Regs., supra, was promulgated before section 7805(e)(2) became effective, it is not subject to the 3-year limitation on temporary regulations. Accordingly, section 1.469-2T is valid despite its temporary form. The principal issue raised by petitioner is whether the subject interest income is taken into account as passive activity gross income, as defined by section 1.469- 2T(c)(1), Temporary Income Tax Regs., 53 Fed. Reg. 5711 (Feb. 25, 1988), or whether the subject income qualifies as portfolio income which is specifically excluded from passive activity gross income, sec. 1.469-2T(c)(3)(i), Temporary Income Tax Regs., supra. Portfolio income includes all gross income, other than income derived in the ordinary course of a trade or business (as defined by section 1.469-2T(c)(3)(ii)), Temporary Income Tax Regs., supra, that is attributable to several items, including interest. Sec. 1.469-2T(c)(3)(i)(A), Temporary Income Tax Regs., supra. The legislative history of section 469Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011