- 32 - regulations the recharacterization rule could not apply to income received by a C corporation’s shareholder/lessor, notwithstanding the absence of an “activity” definition in those regulations. B. The 1989 Temporary Regulations In 1989, the Commissioner issued T.D. 8253, 1989-1 C.B. 121, 54 Fed. Reg. 20527 (May 12, 1989) (the 1989 temporary regulations). The 1989 temporary regulations amended certain provisions of the 1988 temporary regulations; they also contained the first regulation defining “activity” for purposes of section 469, section 1.469-4T, Temporary Income Tax Regs., 54 Fed. Reg. 20527, 20542 (May 12, 1989). See T.D. 8253, 1989-1 C.B. 121, supra at “Summary”. The 1989 temporary regulations amended the participation definition contained in the 1988 temporary regulations by deleting the parenthetical phrase “(directly or indirectly, other than through a C corporation)”. Sec. 1.469-5T, Temporary Income Tax Regs., 54 Fed. Reg. 20527, 20565 (May 12, 1989).12 As a result, the material participation definition in the 1989 11(...continued) and (2), 53 Fed. Reg. 5686, 5727 (Feb. 25, 1988). 12 The majority opinion refers to the participation definition of the 1988 temporary regulations, as amended by the 1989 temporary regulations, as the “amended 1988 temporary regulations”. I prefer to describe the Commissioner’s simultaneous 1989 definitions of both “participation” and “activity” as the 1989 temporary regulations; after all, it was those definitions taken together that established the law applicable to 1989.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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