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