- 7 - 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 whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011