- 54 - the 1992 proposed regulations, that shareholders participated in the activities of their C corporations. Moreover, the addition of an express attribution rule to the 1994 final regulations was a significant change from those proposed regulations. The only possible purpose of the transitional rule contained in the 1994 final regulations was to protect taxpayers from this type of unanticipated change during the interim period. The Commissioner has abused the regulatory process in backing and filling on the transitional rule issue in this case and in previous cases. Having with one hand granted transitional relief in the 1994 final regulations by allowing C corporation shareholders for 1993-94 to apply the 1992 proposed regulations, the Commissioner should not be able to take it away with the other, through statutory notices and litigation. I would hold that shareholders who received net rental income from their C corporations--during years to which the 1992 proposed regulations apply--are not subject to the recharacterization rule. The majority’s holding to the contrary is incorrect. CHABOT, PARR, WHALEN, HALPERN, GALE, and MARVEL, JJ., agree with this concurring in part and dissenting in part opinion.Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54
Last modified: May 25, 2011