Chester F. and Faye L. Sidell - Page 27




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          * by which * * * the sum of the credits from all passive activities         
          allowable for the taxable year under subpart D of part IV of                
          subchapter A * * * exceeds the regular tax liability of the                 
          taxpayer for the taxable year allocable to all passive activities."         
          Sec. 469(d)(2) (emphasis added).  The rehabilitation credit is a            
          credit allowable under subpart D of part IV of subchapter A.  See           
          secs. 46, 38(b)(1).                                                         
               In determining the existence and amount of a passive activity          
          credit, the regular tax liability allocable to all passive                  
          activities must be ascertained.  The regular tax liability                  
          allocable to passive activities is defined in section 1.469-3T(d),          
          Temporary Income Tax Regs., 53 Fed. Reg. 5724 (Feb. 25, 1988), as           
          follows:                                                                    
                         (d) Regular tax liability allocable to                       
                    passive activities--(1) In general.--For                          
                    purposes of paragraph (a)(2) of this section,                     
                    the taxpayer's regular tax liability allocable                    
                    to all passive activities for the taxable year                    
                    is the excess (if any) of --                                      
                              (i) The taxpayer's regular tax                          
                         liability for such taxable year;                             
                         over                                                         
                              (ii) The amount of such regular                         
                         tax liability determined by reducing                         
                         the taxpayer's taxable income for                            
                         such year by the excess (if any) of                          
                         the taxpayer's passive activity                              
                         gross income for such year over the                          
                         taxpayer's passive activity                                  
                         deductions for such year.                                    







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