Gregory J. Farris - Page 8




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               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.                                                    






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