Thomas P. and Ermina A. Krukowski - Page 35




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          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.                          










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