David H. and Suzanne Hillman - Page 2




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                    Under circumstances identical to those in the                     
               regulation, except for the fact that the self-charged                  
               items were management fees rather than interest                        
               deductions and income, P offset passive deductions                     
               against nonpassive income.  R determined that P was not                
               entitled to such treatment because R did not issue a                   
               regulation for self-charged items other than interest.                 
               P contends that self-charged treatment was                             
               congressionally intended for interest and other                        
               appropriate items.  R does not argue, as a matter of                   
               substance, that there is any distinction between                       
               interest and management fees within the self-charged                   
               regime.                                                                
                    Held:  R’s decision not to or failure to issue                    
               regulations in this case is not a prohibition, per se,                 
               to P’s ability to treat self-charged items as intended                 
               by Congress.  Held, further, P is entitled to offset                   
               the passive management deductions against the                          
               nonpassive management income.                                          


               Stefan F. Tucker and Kathleen M. Courtis, for petitioners.             
               Wilton A. Baker and Bettie N. Ricca, for respondent.                   


                                       OPINION                                        
               GERBER, Judge:  In a notice of deficiency addressed to                 
          petitioners, respondent determined deficiencies of $294,556 and             
          $309,696 in petitioners’ Federal income tax for the years ended             
          December 31, 1993 and 1994, respectively.  We consider here                 
          whether petitioners are entitled to treat management fees that              
          generated nonpassive income and passive deductions and were paid            
          and received by passthrough entities in which petitioners held an           









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