- 7 - specifically disavow the rule of nonattribution as stated in the first set of regulations means that the nonattribution rule continued to apply up until the time that the Commissioner issued the third set of regulations which provided explicitly that "A taxpayer's activities include those conducted through C corporations that are subject to section 469". Sec. 1.469-4(a), Income Tax Regs. We disagree with petitioners' assertion that Dr. Connor cannot be a material participant of the dental activity of his personal service corporation in a taxable year for which the effective date and transition rules apply. In Schwalbach v. Commissioner, supra, a setting strikingly similar to the setting at hand, the taxpayers argued similarly that the effective date and transition rules of section 1.469-11(b)(1), Income Tax Regs., coupled with no mention of attribution in the second set of regulations, allowed them to apply a nonattribution rule similar to that appearing in the first set of regulations. We disagreed. See id. at 230. Petitioners' attempt to dismiss as dicta our quick disposition of that issue is unavailing. That the taxpayers in Schwalbach could not escape the moorings of the attribution rule flowed naturally from our discussion of the primary issue. As we had observed, an attribution rule appears in the third set of regulations, the preamble to those regulations clarifies that the silence as to attribution in the second set of regulations indicates that attribution was meant toPage: Previous 1 2 3 4 5 6 7 8 9 Next
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