- 10 - Temporary Income Tax Regs., 53 Fed. Reg. 5703 (Feb. 25, 1988). The preamble states that the exception applies if “an insubstantial amount of rental income is derived from property that was recently used in a trade or business activity of the taxpayer and is temporarily rented”. Id. We apply a regulation according to its plain or ordinary meaning unless such interpretation would lead to absurd results or another construction is supported by unequivocal evidence of administrative intent. Phillips Petroleum Co. v. Commissioner, 101 T.C. 78, 107 (1993), affd. without published opinion 70 F.3d 1282 (10th Cir. 1995). Respondent does not suggest that the application of the plain meaning of section 1.469-1T(e)(3) (vi)(C), Temporary Income Tax Regs., 53 Fed. Reg. 5703 (Feb. 25, 1988), leads to absurd results. Thus, we must determine whether the language from the preamble amounts to unequivocal evidence of administrative intent to limit the exception to only those situations where the property being rented is no longer being used in the trade or business activity. The preamble does refer to the use of the property in the trade or business activity in the past tense, and it does refer to the use of the property in the rental activity in the present tense. However, in our view, rather than creating a separate requirement in addition to the requirements set forth in the text of the regulations, the preamble merely recites one example of aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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