- 11 - 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 noPage: 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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