Eugene J. and Kathryn A. Schumacher - Page 10

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          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 of            






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