Jack B. Newhart - Page 17




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          any trade or business and in which the taxpayer does not                    
          materially participate.  Sec. 469(c)(1).  For purposes of section           
          469(c)(1), the term “trade or business” is defined in section               
          469(c)(6) to include any activity in connection with a trade or             
          business or any activity with respect to which expenses are                 
          allowable as a deduction under section 212.                                 
               Section 469(h)(1) provides that generally an individual is             
          to be treated as materially participating in an activity only if            
          such individual is involved in the operations of the activity on            
          a basis that is regular, continuous, and substantial.  Congress             
          expressly authorized the Secretary of the Treasury to prescribe             
          such regulations as may be necessary or appropriate to carry out            
          the provisions of section 469, including regulations that specify           
          “what constitutes * * * material participation”.  Sec. 469(l)(1).           
               Both temporary and final regulations relating to the meaning           
          of the terms “participation” and “material participation” have              
          been promulgated under section 469.  With respect to the term               
          “participation”, final regulations issued under section 469                 
          provide that generally                                                      
               any work done by an individual (without regard to the                  
               capacity in which the individual does the work) in                     
               connection with an activity in which the individual                    
               owns an interest at the time the work is done shall be                 
               treated for purposes of this section as participation                  
               of the individual in the activity.  [Sec. 1.469-                       
               5(f)(1), Income Tax Regs.]                                             
          Temporary regulations issued under section 469 provide certain              






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