Thomas E. and Susan L. Truskowsky - Page 12

                                       - 11 -                                         
          the individual's aggregate participation in all significant                 
          participation activities during such year exceeds 500 hours; (5)            
          the individual materially participated in the activity for any 5            
          taxable years (whether or not consecutive) during the 10 taxable            
          years that immediately precede the taxable year; (6) the activity           
          is a personal service activity, and the individual materially               
          participated in the activity for any 3 taxable years preceding              
          the taxable year; or (7) based on all of the facts and                      
          circumstances, the individual participated in the activity on a             
          regular, continuous, and substantial basis during such year.                
          Sec. 1.469-5T(a), Temporary Income Tax Regs., 53 Fed. Reg. 5725             
          (Feb. 25, 1988).                                                            
               In determining whether a taxpayer "materially participated"            
          in an activity, the participation of a spouse shall be taken into           
          account.  Sec. 469(h)(5).                                                   
               Respondent determined that petitioners did not materially              
          participate in the cattle activity and that petitioners' business           
          losses therefore constitute passive activity losses.  Petitioners           
          contend that they participated in the activity for more than 500            
          hours (Test 1), or for more than 100 hours during the taxable               
          year, and that their participation was not less than the                    
          participation in the activity of any other individual (Test 3).             









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

Last modified: May 25, 2011