Chester F. and Faye L. Sidell - Page 2




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                    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         $8,324                                   






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