- 18 - 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 petitionersPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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