- 2 - 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 anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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