Legal Opinion

Schwalbach v. Commissioner

United States Tax Court

Decided September 8, 1998No. Tax Ct. Dkt. No. 17502-97Published

Ps rented a building to a personal service corporation for use in a business activity in which P materially participated. On Ps' 1994 Federal income tax return, Ps offset the rental income with unrelated passive losses. Relying on secs. 1.469-2(f)(6) and 1.469-4(a), Income Tax Regs., R determined that Ps could not offset the rental income with the passive losses because the rental income was recharacterized as nonpassive income.

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Ps rented a building to a personal service corporation for use in a business activity in which P materially participated. On Ps' 1994 Federal income tax return, Ps offset the rental income with unrelated passive losses. Relying on secs. 1.469-2(f)(6) and 1.469-4(a), Income Tax Regs., R determined that Ps could not offset the rental income with the passive losses because the rental income was recharacterized as nonpassive income. Ps argue that sec. 1.469-2(f)(6), Income Tax Regs., is invalid as applied to them because the meaning of the word "activity" as used therein does not include…

1Opinion of the Court

STEPHEN AND ANN SCHWALBACH, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Schwalbach v. Commissioner

Tax Ct. Dkt. No. 17502-97

United States Tax Court

111 T.C. 215; 1998 U.S. Tax Ct. LEXIS 45; 111 T.C. No. 9;

September 8, 1998, Filed

Decision will be entered for respondent as to the deficiency, and for petitioners as to the accuracy-related penalty.

Ps rented a building to a personal service corporation for use in a business activity in which P materially participated. On Ps' 1994 Federal income tax return, Ps offset the rental income with unrelated passive losses. Relying on secs.…

2Cases cited45 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  3. Crane v. CommissionerSupreme Court of the United States · 1947
  4. Old Colony Railroad v. CommissionerSupreme Court of the United States · 1932
  5. Commissioner v. SolimanSupreme Court of the United States · 1993

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