Cal Interiors Incorporated, et al. - Page 10

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          observe correctly that both the legislature and the judiciary               
          have referred to the combating of “tax shelters” as one of the              
          reasons for the enactment of section 469, we, unlike petitioners,           
          do not read that term to require a finding of a specific intent             
          to reduce taxes.  Instead, we read that term plainly in the                 
          context of the setting at hand to include any transaction that,             
          but for the recharacterization rule, would allow taxpayers to use           
          passive losses to offset rental income received from a wholly               
          owned business in which they actively participate.                          
               We hold once again that the recharacterization rule is                 
          valid.  In so doing, we have considered all of petitioners’                 
          arguments for a contrary holding and, to the extent not discussed           
          above, find those arguments to be without merit or irrelevant.              
          To reflect the foregoing,                                                   
                                                  An appropriate order will           
                                             be issued.                               



















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