Char-Lil Corporation - Page 34

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             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 469                    



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