Robert W. and Lila L. Blewett - Page 16




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          Highland for purposes of section 1.469-1T(e)(3)(vi)(C), Temporary           
          Income Tax Regs., 53 Fed. Reg. 5703 (Feb. 25, 1988).                        
               We hold that petitioners are entitled to treat their leasing           
          activity as incidental to Highland’s trade or business activities           
          under section 1.469-1T(e)(3)(vi)(C), Temporary Income Tax Regs.,            
          53 Fed. Reg. 5703 (Feb. 25, 1988).  Consequently, petitioners’              
          leasing activity is not classified as a rental activity.  Sec.              
          1.469-1T(e)(3)(ii)(D), Temporary Income Tax Regs., 53 Fed. Reg.             
          5703 (Feb. 25, 1988).                                                       
               The passive loss limitations of section 469 still apply to             
          petitioners unless they meet the material participation standard.           
          Sec. 469(c)(1).  The regulations permit a taxpayer to group an              
          activity conducted through a C corporation subject to section 469           
          with another activity of the taxpayer for purposes of determining           
          whether the taxpayer materially or significantly participates in            
          the other activity.  Sec. 1.469-4(d)(5)(ii), Income Tax Regs.               
          Since petitioners conducted an activity through a C corporation             
          subject to section 469,6 petitioners are entitled to group their            


               6The passive loss limitations of sec. 469 apply only to                
          individuals, estates, trusts, closely held C corporations, and              
          personal service corporations.  Sec. 469(a)(2).  A closely held C           
          corporation, for purposes of sec. 469(a)(2), is defined as any              
          corporation in which more than 50 percent in value of its                   
          outstanding stock is owned, directly or indirectly, by or for not           
          more than five individuals at any time during the last half of              
          the taxable year.  Secs. 469(j)(1), 465(a)(1)(B), 542(a)(2).                
          Since all of the stock of Highland, a C corporation, was owned              
          directly by two individuals during the year in issue, Highland is           
                                                             (continued...)           





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