Tony R. Carlos and Judith D. Carlos - Page 13

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          application of section 1.469-2(f)(6), Income Tax Regs., to                  
          recharacterize specific items of income, leaving remaining items            
          of passive loss with no offset.                                             
               In the instant case, we conclude that activity grouping does           
          not preempt the application of section 1.469-2(f)(6), Income Tax            
          Regs.  To hold otherwise would undermine the congressional                  
          purpose for enacting section 469 and authorizing section 1.469-             
          2(f)(6), Income Tax Regs., to wit:  the prevention of sheltering            
          of nonpassive income with passive losses.  H. Conf. Rept. 99-841            
          (Vol. II), at II-147 (1986), 1986-3 C.B. (Vol. 4) 1, 147.  The              
          conference report accompanying section 469 describes this                   
          legislative purpose:                                                        
                    Regulatory authority of Treasury in defining non-                 
               passive income.--The conferees believe that                            
               clarification is desirable regarding the regulatory                    
               authority provided to the Treasury with regard to the                  
               definition of income that is treated as portfolio                      
               income or as otherwise not arising from a passive                      
               activity.  The conferees intend that this authority be                 
               exercised to protect the underlying purpose of the                     
               passive loss provision, i.e., preventing the sheltering                
               of positive income sources through the use of tax                      
               losses derived from passive business activities.                       
                    Examples where the exercise of such authority may                 
               (if the Secretary so determines) be appropriate include                
               the following * * * (2) related party leases or sub-                   
               leases, with respect to property used in a business                    
               activity, that have the effect of reducing active                      
               business income and creating passive income * * *.  [Id.]              



               11(...continued)                                                       
          469(l)(3).                                                                  





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