- 33 - 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...)Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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