Thomas P. and Ermina A. Krukowski - Page 36




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                            Provision re shareholder’s                                  
                            participation in his C                                      
                            corporation’s activities                                    
                                            “Material                                   
                            “Activity”      participation”   Overall                    
           Year/event       regulation      regulation       effect                     
           1988 temporary   Silent          Parenthetical    Shareholder                
           regulations      (no activity    expressly        does not                   
           (T.D. 8175)      regulation)     provides         participate in             
                                            shareholder      C corporation              
                                            does not         activities                 
                                            participate in                              
                                            C corporation                               
                                            activities                                  
           1989 temporary   Definition and  Silent           Shareholder                
           regulations      example         (parenthetical   does not                   
           (T.D. 8253)      expressly       removed)         participate in             
                            provide                          C corporation              
                            shareholder                      activities                 
                            does not                                                    
                            participate in                                              
                            C corporation                                               
                            activities                                                  
           1992 proposed    Silent          Silent           ???                        
           regulations      (no definition  (same as         (at issue in               
           (PS-1-89)        or example)     above)           the case at                
                                                             hand)                      
           1994 final       Expressly       Silent           Shareholder                
           regulations      provides that   (same as         participates               
           (T.D. 8565)      taxpayer’s      above)           in activities              
                            activities                       of C                       
                            include those                    corporations               
                            conducted                        subject to                 
                            through C                        sec. 469                   
                            corporations                                                
                            subject to                                                  
                            sec. 469                                                    

               V.  The 1992 Proposed Regulations Control This Case                      
               As the above discussion makes clear, the 1988 and 1989                   
          temporary regulations expressly provided that shareholders did                





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