Tony R. Carlos and Judith D. Carlos - Page 9

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          1.469-2(f)(6), Income Tax Regs., apply to recharacterize passive            
          income as nonpassive.  Respondent contends that section 1.469-              
          2(f)(6), Income Tax Regs., requires the removal of self-rental              
          income from the passive activity loss computation and that, after           
          income from the Bear Valley Road property is properly removed               
          from the passive activity loss computation, petitioners are left            
          with no passive income to offset against the passive loss on the            
          John Glenn Road property.  We conclude that section 469(d) and              
          the legislative regulations of section 1.469-2(f)(6), Income Tax            
          Regs., support respondent’s position.                                       
               Section 469(l)(2) explicitly authorizes the promulgation of            
          regulations to remove certain items of gross income from the                
          calculation of income or loss from any activity.  Section 1.469-            
          2(f)(6), Income Tax Regs., is a legislative regulation and is               
          entitled to appropriate deference from this Court.  See Chevron             
          U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837               
          (1984).  In Chevron, the U.S. Supreme Court stated:  “Such                  
          legislative regulations are given controlling weight unless they            
          are arbitrary, capricious, or manifestly contrary to the                    
          statute.”  Id. at 844.  We have previously held that section                
          1.469-2(f)(6), Income Tax Regs., is not arbitrary, capricious, or           
          manifestly contrary to section 469(l)(2).  Krukowski v.                     
          Commissioner, 114 T.C. 366 (2000), affd. 279 F.3d 547 (7th Cir.             
          2002); Shaw v. Commissioner, T.C. Memo. 2002-35; Sidell v.                  






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