- 9 - purpose for engaging in the activity must be for income or profit.” Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987). In order to hold for petitioners on this argument we would have to decide that the real estate entities’ payment of management fees, by itself, constituted a trade or business and/or an activity separate from the real estate rental activity in which they were engaged. On the facts presented, we hold that the payment of management fees by the real estate entities did not constitute a trade or business or separate activity from the rental activity of those entities. The management fees were incurred by the entities in connection with rental activity and, therefore, would be a deduction attributable to the rental income/activity. See sec. 1.469-2T(d)(1)(i), Temporary Income Tax Regs., 53 Fed. Reg. 5716 (Feb. 25, 1988). We, accordingly, hold that respondent’s determination that petitioners were not entitled to reduce management income by the management fee deduction of the real estate entities was not in error. Petitioners, as additional support for their attempt to treat the real estate entities’ management fee deductions as nonpassive items, generally argue that respondent’s disallowance of the deductions contravenes certain fundamental or established principles of taxation. For example, petitioners argue that, in effect, they had no accession to wealth because the correspondingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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