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