Stephen S. Ziegler - Page 16




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               On the instant record, we find that petitioner has failed to           
          carry his burden of establishing that the transitional rule was             
          not premised upon a rational basis and instead was based upon a             


               9(...continued)                                                        
          other relief, but only for certain taxable years, to taxpayers              
          who were not entitled to the relief provided by the transitional            
          rule and who therefore were subject to sec. 469.  Sec. 469(m)               
          provides in pertinent part:                                                 
               SEC. 469. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED.                 
                 *       *       *       *       *       *       *                    
                    (m) Phase-in of Disallowance of Losses and Credits                
               for Interest Held Before Date of Enactment.--                          
                         (1) In general.--In the case of any passive                  
                    activity loss or passive activity credit for any                  
                    taxable year beginning in calendar years 1987                     
                    through 1990, subsection (a) shall not apply to                   
                    the applicable percentage of that portion of such                 
                    loss (or such credit) which is attributable to                    
                    preenactment interests.                                           
                         (2) Applicable percentage.--For purposes of                  
                    this subsection, the applicable percentage shall                  
                    be determined in accordance with the following                    
                    table:                                                            
                In the case of taxable                 The applicable                 
                 years beginning in:                   percentage is:                 
               1987...............................65                                  
               1988...............................40                                  
               1989...............................20                                  
               1990...............................10                                  
          Sec. 469(m)(3)(B)(i) defines the term “pre-enactment interest” to           
          mean, in general, “any interest in a passive activity held by a             
          taxpayer on the date of the enactment of the Tax Reform Act of              
          1986, and at all times thereafter.”  Petitioner appears to have             
          qualified for the relief from the application of sec. 469(a) that           
          Congress provided in sec. 469(m).                                           





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