- 9 - the meaning of section 1.469-4(d)(1)(A), Income Tax Regs. If it is, petitioners may group petitioner’s leasing activity with the PFC activity, thereby allowing petitioners to categorize as non- passive, and therefore deduct, the losses incurred by petitioner’s leasing activity. Because respondent does not dispute that the two activities are an appropriate economic unit, we need not address the specific factors enumerated in section 1.469-4(c)(2), Income Tax Regs. In arguing that the leasing activity was not insubstantial in relation to the PFC activity, respondent makes several comparisons between them, highlighting the income, losses, cost of depreciable assets, and basis of assets in both activities. In arguing that the leasing activity was insubstantial in relation to the PFC activity, petitioners focus both on “quantitative” comparisons similar to those focused on by respondent, as well as on other “qualitative” factors. See generally Glick v. United States, 96 F. Supp. 2d 850 (S.D. Ind. 2000). The parties’ comparison of the value of the assets of each activity is not determinative under the particular facts of this case. Merely because the rental activity in this case involved the rental of assets with high values does not make the primary trade or business activity less substantial in relation to that rental activity. Most importantly, a comparison of the value ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011