Sidney C. Shaw - Page 25




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          pursuant to the Secretary’s delegated regulation-making                     
          authority.                                                                  
               Without the application of section 1.469-2(f)(6), Income Tax           
          Regs., taxpayers would be able to substitute passive income from            
          self-rented properties for nonpassive income, such as wages or              
          dividends from a personal service or closely held corporation, in           
          order to offset their passive losses from other activities.                 
          Where the taxpayer controls both sides of the transaction, such             
          arrangements require special scrutiny.                                      
               We do not agree with petitioner that section 1.469-2(f)(6),            
          Income Tax Regs., has produced an inequitable result.  Petitioner           
          is a sophisticated businessperson who owned multiple properties,            
          held ownership interests in several businesses, and served as the           
          president of Shaw’s Gulf and C&A Trucking.  Petitioner controlled           
          both sides of the rental transactions between himself,                      
          individually, as lessor, and as an officer of the respective                
          businesses, as lessee.  As lessor, he knew the appraised value,             
          the mortgage interest expense, and the depreciation expense on              
          each property.  He had control over establishing the amount of              
          rent and chose a 12-percent return.  Petitioner had nontax                  
          business reasons for retaining ownership of the rental properties           
          individually and outside of his businesses.                                 
               Petitioner must accept the tax consequences of his business            
          decisions and the manner in which he chose to structure his                 






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Last modified: May 25, 2011