B. Theodore and Wendy Chapin - Page 7

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          5T(a)(2), (3), and (7), Temporary Income Tax Regs., 53 Fed. Reg.            
          5725-5726 (Feb. 25, 1988), provides, in relevant part, that an              
          individual shall be treated as materially participating if the              
          individual meets any of the following tests:                                
                    (2) The individual's participation in the                         
               activity for the taxable year constitutes substantially                
               all of the participation in such activity of all                       
               individuals (including individuals who are not owners                  
               of interests in the activity) for such year;                           
                    (3) The individual participates in the activity                   
               for more than 100 hours during the taxable year, and                   
               such individual's participation in the activity for the                
               taxable year is not less than the participation in the                 
               activity of any other individual (including individuals                
               who are not owners of interests in the activity) for                   
               such year;                                                             
                         *    *    *    *    *    *    *                              
                    (7)  Based on all of the facts and circumstances                  
               (taking into account the rules of paragraph (b) of this                
               section), the individual participates in the activity                  
               on a regular, continuous, and substantial basis during                 
               such year.                                                             
               The "material participation standard identifies an important           
          distinction between different types of taxpayer activities."  S.            
          Rept. 99-313, at 716 (1986), 1986-3 C.B. (Vol. 3) 1, 716.  The              
          focus of section 469 is directed to suspending the so-called tax            
          preferences unless there is "substantial and bona fide                      
          involvement in the activities to which the preferences relate."             
          Id.  It is necessary "to examine the materiality of a taxpayer's            
          participation in an activity in determining the extent to which             







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