- 15 - Following comments and a hearing on the first set of proposed regulations, see Announcement 89-110, 1989-36 I.R.B. 27 (Sept. 5, 1989), the Commissioner withdrew the proposed regulations and allowed the related temporary regulations to expire under the 3-year sunset provision of section 7805(e)(2). See 57 Fed. Reg. 20803. The Commissioner's actions were driven, in part, by public criticism that the proposed regulations were "overly long and complex, burdensome for small taxpayers, and mechanically inflexible." Id. Contemporaneously with the withdrawal of the proposed regulations, the Commissioner, on May 15, 1992, issued a second set of proposed regulations defining the word "activity". 57 Fed. Reg. 20802. In contrast with the first set, the second set contained a simple "facts-and- circumstances approach to identify a taxpayer's activities." Id. In further contrast with the first set of proposed regulations, the second set did not address the treatment of activities which were conducted through a C corporation in which the taxpayer owned an interest. The Commissioner finalized the proposed regulations defining the word "activity" in late 1994 to read in relevant part as set forth above in section 1.469-4(a), Income Tax Regs. T.D. 8565, 1994-2 C.B. 81, 83. Before doing so, the Commissioner considered the comments that were proffered on the subject. 59 Fed. Reg. 50485, 50486 (Oct. 4, 1994). As was true with respect to the first set of proposed regulations, but which was untrue withPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011