- 2 - controlling shareholder from a C corporation from passive to nonpassive. See Schwalbach v. Commissioner, 111 T.C. 215 (1998). 2. Held further: The transitional relief provided in sec. 1.469-11(b), Income Tax Regs., is of no benefit to petitioners in determining their 1993 and 1994 tax liability because sec. 1.469-4, Proposed Income Tax Regs., 57 Fed. Reg. 20804 (May 15, 1992), PS- 1-89, 1992-1 C.B. 1219, is silent as to whether the activities of a C corporation are or are not attributable to the corporation's shareholder. 3. Held further: Respondent properly disallowed rehabilitation credits claimed by petitioners for 1993 and 1994 because once their net rental income for those years is recharacterized as nonpassive, the limitation on passive activity credits mechanically disallows the claimed credits. David R. Andelman and Juliette Galicia Pico, for petitioners. Mary P. Hamilton, David N. Brodsky, and Maura A. Sullivan, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION JACOBS, Judge: Respondent determined deficiencies and an accuracy-related penalty under section 6662(a) with respect to petitioners' Federal income taxes, as follows: Penalty Year Deficiency Sec. 6662(a) 1993 $103,728 --- 1994 41,621 $8,324Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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