- 8 - the outstanding stock of Highland; (2) the equipment in question was used exclusively in Highland’s trade or business activity throughout the year; and (3) petitioners did not receive any gross rental income from Highland for the equipment. Respondent contends that section 1.469-1T(e)(3)(vi)(C), Temporary Income Tax Regs., 53 Fed. Reg. 5703 (Feb. 25, 1988), is inapplicable to the instant case because it requires that a taxpayer at least temporarily stop using property in his trade or business and start using the property in a rental activity. Respondent argues that the exception is not available when the property is used in the rental activity and the trade or business activity simultaneously. Respondent makes three arguments in support of this construction of the regulation. Respondent’s arguments are set forth below, but we note that in our view here “respondent advocates a strained interpretation of language prepared by respondent’s own employees.” See Ferguson v. Commissioner, T.C. Memo. 1992-451. In interpreting the language in question, we bear in mind that respondent’s personnel drafted that language, and the resolution of doubts against the draftsman is appropriate in many circumstances. See id. (and authorities cited therein). First, respondent argues that section 1.469-1T(e)(3)(vi)(C), Temporary Income Tax Regs., 53 Fed. Reg. 5703 (Feb. 25, 1988), uses the past tense when referring to the use of the property inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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