Thomas P. and Ermina A. Krukowski - Page 33




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          temporary regulations no longer expressly stated that a                       
          shareholder could not participate in the activities of his C                  
          corporations.                                                                 
               At first blush, one might think that this elimination of                 
          restrictive language–-and the resulting silence about whether                 
          individuals could participate in their indirectly owned                       
          activities-–might mean that individuals could participate in the              
          activities of all their entities, including C corporations.                   
          However, this was not the case.  The new definition of “activity”             
          contained in section 1.469-4T of the 1989 temporary regulations               
          expressly provided that a shareholder did not participate in the              
          activities of his C corporations.13  As a result of this new                  


               13 New sec. 1.469-4T of the 1989 temporary regulations                   
          defined activity for purposes of the passive loss rules.  See                 
          sec. 1.469-4T, Temporary Income Tax Regs., 54 Fed. Reg. 20527,                
          20542 (May 12, 1989).  Sec. 1.469-4T(b)(2)(ii)(B) of those                    
          regulations provided that for purposes of section 469 and the                 
          regulations thereunder “a taxpayer’s activities do not include                
          operations that a taxpayer conducts through one or more entities              
          (other than passthrough entities).”  Id. at 20543.  Sec. 1.469-               
          4T(b)(2)(i) in turn defined “passthrough entity”; that definition             
          did not include C corporations.  Id. at 20543.                                
               A shareholder’s inability to participate in the activities               
          of his C corporations under the cited provisions was made clear               
          by the example accompanying section 1.469-4T(b)(2) of the 1989                
          temporary regulations.  In the facts of that example, taxpayer A              
          owned stock of closely held corporation X.  The example stated:               
               X is a C corporation and therefore is not a passthrough                  
               entity.  Thus, for purposes of section 469 and the                       
               regulations thereunder, A’s activities do not include                    
               the operations of X’s real estate development business.                  
               Accordingly, A’s participation in X’s business is not                    
               participation in an activity of A, and is not taken                      
                                                               (continued...)           




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