- 9 - from that item of property is treated as not from a passive activity if the property-- (i) Is rented for use in a trade or business activity * * * in which the taxpayer materially participates * * * for the taxable year; * * * The fact that section 1.469-2(f)(6), Income Tax Regs, was prescribed by the Commissioner pursuant in part to the specific grant of authority stated in section 469(l)(1), and that section 1.469-2(f)(6), Income Tax Regs., contains substantive rules that are legislative in character, means that the promulgation of section 1.469-2(f)(6), Income Tax Regs., is not excepted from the notice and comment requirements of the APA, supra. See Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843-844 (1984); Bankers Life & Cas. Co. v. United States, 142 F.3d 973, 978-979 (7th Cir. 1998); Water Quality Association Employees' Benefit Corp. v. United States, 795 F.2d 1303, 1305 (7th Cir. 1986); Wing v. Commissioner, 81 T.C. 17, 28 (1983); see also Schaefer v. Commissioner, 105 T.C. 227, 229-231 (1995) (sec. 1.469-2T(c)(7)(iv), Temporary Income Tax Regs., 53 Fed. Reg. 5686, 5716 (Feb. 25, 1988), is a legislative regulation because it was issued under the specific grant of authority contained in sec. 469(l)(2)). Section 1.469-2(f)(6), Income Tax Regs., was issued on May 15, 1992, and it reads nearly verbatim as it appeared when it was proposed on February 25, 1988. See Notice of Proposed Rulemaking, 53 Fed. Reg. 5733 (Feb. 25, 1988) (text of sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011