William C. and Cheryl M. Fowler - Page 16




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               Because petitioner does not qualify as a real estate                   
          professional under section 469(c)(7), petitioners’ real estate              
          rental activities are treated as per se passive activities under            
          section 469(c)(2) regardless of material participation by                   
          petitioners.  See sec. 469(c)(4).  Thus, we need not decide                 
          whether petitioners materially participated in each real estate             
          rental activity.  Even if petitioner were a real estate                     
          professional under section 469(c)(7), petitioners would not meet            
          the material participation requirements of section 1.469-5T(a),             
          Temporary Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988),              
          based on the following considerations.  Petitioners did not elect           
          to aggregate their real property rental activities and must show            
          that they meet the material participation requirements with                 
          respect to each real estate rental property.  Petitioners rely on           
          the same calendars, estimates of their travel time, and their               
          personal testimony to prove the hours that they worked on each of           
          their real estate rental properties.  Petitioners retained a                
          manager for their apartment building and utilized the services of           
          independent contractors to maintain their rental properties.                
          Petitioners’ travel to their Florida property of 168 hours and              
          84 hours in 1994 and 1995, respectively, appears also to be                 
          personal trips to stay at another Florida property owned by                 
          petitioners.  Petitioners did not spend more than 100 hours on              








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