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United States Tenth Circuit


ST. CHARLES INV. CO. v. COMM'R OF INTERNAL REVENUE, 99-9020

Section 469(b) of the tax code, which allows taxpayers to deduct normally non-deductible passive activity losses in the following year, precludes application of section 1371(b)(1) of the tax code, which prohibits an S corporation from carrying over losses when it was a C corporation.

Appellate Information

  • Decided 11/14/2000
  • Published 11/14/2000

Judges

  • TACHA, Circuit Judge., Before TACHA, McWILLIAMS, and MURPHY, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Darrell D. Hallett (John M. Colvin, with him on the briefs), Chicoine & Hallett, P.S., Seattle, Washington, for Petitioners-Appellants.

  • For Appellees:
  • Ellen Page DelSole (Gilbert S. Rothenberg, with her on the brief), Attorneys, Tax Division, Department of Justice, Washington, D.C., for Respondent-Appellee.
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