Shigenori Kudo and Motomi Kudo, et al. - Page 52

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          year and treated as investment interest for that year.  Sec.                
          163(d)(2).                                                                  
               Section 163(d)(5)16 defines property held for investment to            
          include (i) property which normally produces income described in            
          section 469(e)(1), and (ii) an interest in an activity involving            
          the conduct of a trade or business which is not a passive                   
          activity and in which the taxpayer does not materially                      
          participate.  Sec. 163(d)(5); Russon v. Commissioner, 107 T.C.              
          263, 268-269 (1996).  Income described in section 469(e) includes           

               16  Sec. 163(d)(5) provides as follows:                                
                    (5)  Property held for investment.--For purposes of               
               this subsection--                                                      
                         (A)  In general.--The term "property held for                
                    investment" shall include--                                       
                              (i) any property which produces income of a             
                         type described in section 469(e)(1), and                     
                              (ii) any interest held by a taxpayer in an              
                         activity involving the conduct of a trade or                 
                         business--                                                   
                                   (I) which is not a passive activity, and           
                                   (II) with respect to which the taxpayer            
                              does not materially participate.                        
                         (B)  Investment expenses.--In the case of property           
                    described in subparagraph (A)(i), expenses shall be               
                    allocated to such property in the same manner as under            
                    section 469.                                                      
                         (C)  Terms.--For purposes of this paragraph, the             
                    terms "activity", "passive activity", and "materially             
                    participate" have the meanings given such terms by                
                    section 469.                                                      






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