- 25 - Commissioner’s inclusion of express nonattribution rules in two sets of temporary regulations therefore completely refutes the majority’s conclusion that shareholders participate in C corporation activities under the plain language of section 469 and the recharacterization rule. II. The Silence of the 1992 Proposed Regulations Is Not Dispositive The majority correctly note that the Commissioner allowed the relevant portions of the temporary regulations to “sunset” in 1992. See infra p. 34. At the same time, the Commissioner promulgated the 1992 proposed regulations, which apply to the year in issue. See id. Unlike the temporary regulations, the 1992 proposed regulations say nothing about shareholder participation in C corporation activities. The majority conclude, because the 1992 proposed regulations do not expressly preclude such participation, that shareholders participate in C corporation activities even when the proposed regulations apply. Once again, I disagree. The majority’s interpretation of the “silent” 1992 proposed regulations rests on their conclusion that shareholders participate in C corporation activities under the plain meaning of the statute and the recharacterization rule. As explained above, the majority’s plain reading is incorrect; their interpretation of the 1992 proposed regulations is therefore alsoPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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