David H. and Suzanne Hillman - Page 11




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          also contains the suggestion that other situations may be                   
          appropriate for such netting treatment, as follows:                         
                    The conferees anticipate that Treasury regulations                
               will be issued to provide for the above result.  Such                  
               regulations may also, to the extent appropriate,                       
               identify other situations in which netting of the kind                 
               described above is appropriate with respect to a                       
               payment to a taxpayer by an entity in which he has an                  
               ownership interest.  * * *  [Id.; emphasis added.]                     
               There was congressional recognition that transactions, other           
          than those involving lending, essentially can be self-charged,              
          and thus lack economic significance.  Congress expressly                    
          anticipated that the Secretary would issue regulations dealing              
          not only with self-charged interest but also other situations               
          where netting would be appropriate.  Like the rules for self-               
          charged interest, relief from nonlending situations in which                
          self-charged transactions arise is based on the principle that              
          the passive loss rules should not apply if the income to be                 
          offset against the passive activity loss is essentially a payment           
          by the taxpayer to himself.                                                 
               Pursuant to section 469(l), which requires the Secretary to            
          promulgate regulations, respondent issued section 1.469-7,                  
          Proposed Income Tax Regs., 56 Fed. Reg. 14034 (Apr. 5, 1991),               
          dealing with self-charged treatment for lending transactions.               
          The proposed regulation, however, solely addresses lending                  
          transactions and does not, as Congress contemplated, address any            
          other self-charged income and deduction situations.  There is no            






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