- 10 - Commissioner, T.C. Memo. 1999-301, affd. 225 F.3d 103 (1st Cir. 2000). The Courts of Appeals for the First, Fifth, and Seventh Circuits have also upheld the validity of section 1.469-2(f)(6), Income Tax Regs. See Krukowski v. Commissioner, 279 F.3d 547 (7th Cir. 2002); Sidell v. Commissioner, 225 F.3d 103 (1st Cir. 2000); Fransen v. United States, 191 F.3d 599 (5th Cir. 1999). Section 1.469-2(f)(6), Income Tax Regs., explicitly recharacterizes net rental activity income from an “item of property” rather than net income from the entire rental “activity”. Both section 469 and the regulations thereunder clearly distinguish between net income from an “item of property” and net income from the entire “activity”,8 which might include rental income from multiple items of property.9 Under the authority of section 469(l)(2), the Secretary could have 8Sec. 469(l)(2) authorizes the implementation of regulations to remove “certain items of gross income” from the determination of income from an “activity”. The designation of an “[item] of gross income” to be removed from such a determination is narrower than and distinct from the term “activity” income (from which the item must be removed). Since sec. 1.469-2(f)(6), Income Tax Regs., designates “net rental activity income for the year from * * * [an] item of property” as the item of gross income to be removed pursuant to sec. 469(l)(2) from the determination of income from the “activity”, net rental activity income from an “item” of property is also narrower than and distinct from the broader term “activity” income. 9The fact that multiple rentals may be grouped together pursuant to sec. 1.469-4(c), Income Tax Regs., to make up a single “activity” further evidences the distinction between net income from an “item” of property and net income from the entire “activity”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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