- 7 - cases cited above. Whereas petitioners state on brief that here, unlike there, “it is crystal clear that the rental activity was not contrived as a tax shelter”, they have directed us to no evidence in support of that statement. Nor have they directed us to any evidence to support their related statement on brief that the rental of the office served a bona fide business purpose in that “It was reasonable that Cal Interiors and [S&C] Dent should pay a fair rental for the [office] space”, given that the Beecher’s [sic] spent their personal funds to construct office space”. Contrary to petitioners’ belief, the taxpayers in those other cases also presumably used their personal funds to purchase the property that was the subject of the rentals there. Moreover, from a legal point of view, we read nothing in the statute or in the legislative history thereunder that would require the Secretary to condition the recharacterization rule on the absence of a bona fide purpose for a “self-rental” such as we have here. In fact, we and the Courts of Appeals that have considered the validity of the recharacterization rule have read the statute and the underlying legislative history to support a contrary conclusion that the Secretary was authorized by Congress to apply the recharacterization rule to all self-rentals in which there is material participation by the taxpayer. As we stated in Krukowski v. Commissioner, supra at 369-370: The [recharacterization] rule is tied directly to the following passage set forth by the conferees in theirPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011