- 9 - Maine law as well. See Moline Props., Inc. v. Commissioner, 319 U.S. 436 (1943) (holding that for Federal income tax purposes, a corporation and its shareholders are separate entities); see also LaBelle v. Crepeau, 593 A.2d 653, 655 (Me. 1991) (likewise holding that under Maine law, a corporation and its shareholders are separate entities). The 2000 lease cannot be considered merely a continuation of the 1985 lease if only because the parties to those two lease are not the same. Consequently, the rental income petitioner received in accordance with the 2000 lease cannot be considered to be from a written binding contract entered into before February 19, 1988. It follows that the transitional rule set forth in section 1.469-11(c)(1)(ii), Income Tax Regs., is not applicable. It also follows that the recharacterization rule provided in section 1.469-2(f)(6), Income Tax Regs., requires that the rental income petitioner received from the corporation cannot be treated as passive income with the meaning of section 469. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10Last modified: March 27, 2008