Joseph E. Machado - Page 18

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          substantial basis during the taxable year.  A threshold                     
          requirement for meeting this test, however, is that the taxpayer            
          participate in the activity for more than 100 hours during the              
          taxable year.  Sec. 1.469-5T(b)(2)(iii), Temporary Income Tax               
          Regs., 53 Fed. Reg. 5726 (Feb. 25, 1988).                                   
               A taxpayer may establish the extent of his or her                      
          participation in a particular activity by any reasonable means              
          including "the identification of services performed over a period           
          of time and the approximate number of hours spent performing such           
          services during such period, based on appointment books,                    
          calendars, or narrative summaries."  Sec. 1.469-5T(f)(4),                   
          Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988).              
               Petitioners argue that because they researched possible                
          stallions to breed with La Barbara, because they met with other             
          partners to discuss which breeding options to pursue, and because           
          they voted on which stallions to breed with La Barbara, they                
          should be regarded as materially participating in the LB                    
          Partnership, and the losses petitioners realized on their                   
          investments in the LB Partnership should be regarded as                     
          nonpassive losses, not limited by the passive activity loss                 
          provisions of section 469.                                                  
               Respondent argues that petitioners have not established that           
          they materially participated in the LB Partnership.  Respondent             
          argues, therefore, that for 1988, the section 469 passive                   
          activity loss rule applies, and the $15,394 loss that petitioners           




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