Robert W. and Lila L. Blewett - Page 14




                                       - 13 -                                         
          the trade or business activity must be conducted by the same                
          entity.  In effect, respondent argues that the regulation does              
          not apply because the equipment leasing activity of petitioners’            
          sole proprietorship was not incidental to any other trade or                
          business activity of their sole proprietorship.                             
               We previously ruled on this issue in Tarakci v.                        
          Commissioner, T.C. Memo. 2000-358.  There, the taxpayer formed a            
          sole proprietorship that purchased equipment and leased it to a             
          general partnership in which the taxpayer and another individual            
          were equal partners.  In the notice of deficiency, the                      
          Commissioner disallowed the taxpayer’s entire loss from his sole            
          proprietorship on the ground that the loss was subject to the               
          passive activity loss limitations of section 469.  The taxpayer             
          argued that section 1.469-1T(e)(3)(vi)(C), Temporary Income Tax             
          Regs., 53 Fed. Reg. 5703 (Feb. 25, 1988), applied, and that for             
          purposes of that section, the trade or business activities of the           
          partnership were trade or business activities of the sole                   
          proprietorship.  The Commissioner contended that section 1.469-1T           
          (e)(3)(vi)(C), Temporary Income Tax Regs., 53 Fed. Reg. 5703                
          (Feb. 25, 1988), did not apply because the equipment leasing                
          activity of the sole proprietorship was not incidental to any               
          other activity of the sole proprietorship.                                  
               We held that the trade or business activities of the                   
          taxpayer for the year in issue included the trade or business               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011