Bruce and Judy Bailey - Page 11




                                       - 11 -                                         
          whether she was a real estate professional, because the Lake                
          Arrowhead property is not “rental real estate” as defined in                
          section 1.469-9(b)(3), Income Tax Regs.  Section 1.469-9(b)(3),             
          Income Tax Regs., defines “rental real estate” as “any real                 
          property used by customers or held for use by customers in a                
          rental activity within the meaning of section 1.469-1T(e)(3).”              
          Section 1.469-1T(e)(3), Temporary Income Tax Regs., 53 Fed. Reg.            
          5702 (Feb. 25, 1988), states that, except as otherwise provided,            
          an activity is a “rental activity” for a taxable year, if “during           
          such taxable year, tangible property held in connection with the            
          activity is used by customers or held for use by customers”.  See           
          also sec. 469(j)(8).  As provided in section 1.469-                         
          1T(e)(3)(ii)(A), Temporary Income Tax Regs., supra, an “activity            
          involving the use of tangible property is not a rental activity             
          for a taxable year if for such taxable year * * * [the] average             
          period of customer use for such property is seven days or less”.            
               The average period of customer use for the Lake Arrowhead              
          property was less than 7 days during 1996 and 1997.  Thus, the              
          rental of the Lake Arrowhead property is not a “rental activity”            
          as defined in section 1.469-1T(e)(3)(ii)(A), Temporary Income Tax           
          Regs., supra, not “rental real estate” under section 1.469-                 
          9(b)(3), Income Tax Regs., and not included in the election under           
          section 469(c)(7) to treat all interests in rental real estate as           
          a single rental real estate activity.  See Scheiner v.                      






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011