William N. and Moira M. Carlstedt - Page 19

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                        (A) regular,                                                                     
                        (B) continuous, and                                                              
                        (C) substantial.                                                                 
            In determining whether a taxpayer materially participated in an                              
            activity, the participation of the spouse of a taxpayer in the                               
            activity is also taken into account.  Sec. 469(h)(5); sec. 1.469-                            
            5T(f)(3), Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25,                            
            1988).                                                                                       
                  In implementing section 469, Congress specifically                                     
            authorized the Secretary to prescribe regulations as to "what                                
            constitutes * * * material participation".  Sec. 469(l)(1).                                  
            Pursuant to that authorization, section 1.469-5T(a), Temporary                               
            Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988), lists 7                                 
            alternative situations where an individual shall be treated, for                             
            purposes of section 469, as materially participating in an                                   
            activity.  Here, respondent relies on alternative (1) of that                                
            temporary regulation, which provides that a taxpayer will be                                 
            considered to have materially participated in an activity if "The                            
            individual participates in the activity for more than 500 hours                              
            during * * * [the] year".  Sec. 1.469-5T(a)(1), Temporary Income                             
            Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988).  (At trial                                     











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