- 7 - Petitioner concedes that he “materially participated” in the conduct of the corporation during 2000, 2001, and 2002. Furthermore, he acknowledges the application and validity of section 1.469-2(f)(6), Income Tax Regs.4 He takes the position, however, that he is entitled to relief from the consequences of the recharacterization rule by virtue of the transitional rule referenced above. As petitioner views the matter, the 2000 lease, which was in effect during the years in issue,5 was merely a continuation of the 1985 lease, which obviously predated February 19, 1988. According to petitioner, the changes in the entities that were parties to the lease over the years should not defeat the application of the transitional rule. 4 We have on numerous occasions applied sec. 1.469-2(f)(6), Income Tax Regs., to recharacterize specific items of income, leaving remaining items of passive loss with no offset. See, e.g., Carlos v. Commissioner, 123 T.C. 275 (2004); Krukowski v. Commissioner, 114 T.C. 366 (2000), affd. 279 F.3d 547 (7th Cir. 2002); Schwalbach v. Commissioner, 111 T.C. 215, 219-224 (1998); Cal Interiors, Inc. v. Commissioner, T.C. Memo. 2004-99, affd. sub nom. Beecher v. Commissioner, 481 F.3d 717 (9th Cir. 2007); Sidell v. Commissioner, T.C. Memo. 1999-301, affd. 225 F.3d 103 (1st Cir. 2000); Connor v. Commissioner, T.C. Memo. 1999-185, affd. 218 F.3d 733 (7th Cir. 2000). 5 We ignore the portion of 2000 for which the 1992 lease might have been in effect as it would make no difference to our analysis and conclusion.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: March 27, 2008