- 35 - corporations. The effect of this silence on the application of the recharacterization rule is what’s in issue in this case. D. The 1994 Final Regulations In 1994, the Commissioner issued T.D. 8565, 1994-2 C.B. 81, 59 Fed. Reg. 50485 (Oct. 4, 1994) (the 1994 final regulations). The 1994 final regulations didn’t change the participation definition adopted at the time of the 1992 proposed regulations. However, the 1994 final regulations substantially revised the 1992 proposed regulations’ activity definition, by adding the following statement to the “scope and purpose” provision: “A taxpayer’s activities include those conducted through C corporations that are subject to section 469, S corporations, and partnerships.” Sec. 1.469-4(a), Income Tax Regs. As a result of this change, it was clear that a shareholder would materially participate in the activities of his C corporations under the 1994 final regulations-–even though the participation definition itself was not affected. The following table summarizes the development over time of the activity and material participation definitions in the section 469 regulations, as described above. It also notes whether, as a result of those definitions, a shareholder could participate in the activities of his C corporations.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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