- 20 - limited partnership or other passive activity to be treated as not from a passive activity." Sec. 469(l)(1), (3) (emphasis added). This Court has already determined that section 1.469-2(f)(6), Income Tax Regs., is a legislative regulation promulgated under section 469(l). See Schwalbach v. Commissioner 111 T.C. at 220- 221. Accordingly, we give that regulation the highest level of judicial deference. See Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843-844 (1984); Fransen v. United States, 82 AFTR 2d 6621, 98-2 USTC par. 50776 (E.D. La. 1998); Schwalbach v. Commissioner, supra; Jablonski v. Commissioner, supra. Analysis of Parties' Arguments Petitioners maintain in their validity argument that the self- rented property rule cannot apply to reclassify their rental income as nonpassive because KGR's business activities cannot be attributed to Mr. Sidell for purposes of determining "material participation". We disagree. Mr. Sidell's transaction with KGR is the epitome of a self-renting transaction. Mr. Sidell is the sole shareholder of KGR and manages its operations in various capacities.8 At the same time that Mr. Sidell materially 8 Petitioners acknowledge that Mr. Sidell materially participated in KGR. However, they argue that there is a distinction between materially participating in KGR and materially participating in the activities of KGR. Petitioners cite no authority to support this distinction. Regardless of any (continued...)Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011