Chester F. and Faye L. Sidell - Page 28




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          Thus, in order to utilize a tax credit allocated to a passive               
          activity,  a taxpayer must have passive income in excess of passive         
          deductions.  See sec. 1.469-3T(g), Examples (2) and (3), Temporary          
          Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988).  Because               
          petitioners' net rental income has been recharacterized as                  
          nonpassive for 1993 and 1994, petitioners have no passive income.           
          Without passive income, petitioners have no "regular tax liability          
          allocable to passive activities."  Any rehabilitation credit would          
          be in excess of such regular tax liability.  Accordingly, we hold           
          that respondent properly disallowed the rehabilitation credit for           
          the years in issue.                                                         
               In reaching our conclusions herein, we have considered all             
          other arguments presented and, to the extent not discussed above,           
          find them to be irrelevant or without merit.                                























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