- 22 - participates in the activity, sec. 469(c)(2), (4). For purposes of section 469(c)(1), the term "trade or busi- ness" is defined in section 469(c)(6) to include any activity in connection with a trade or business or any activity with respect to which expenses are allowable as a deduction under section 212. For purposes of section 469(c)(2), the term "rental activi- ty" is defined in section 469(j)(8) as any activity where pay- ments are principally for the use of tangible property. See also sec. 1.469-1T(e)(3)(i), Temporary Income Tax Regs., 53 Fed. Reg. 5702 (Feb. 25, 1988). However, an activity involving the use of tangible property is not a rental activity for a taxable year, inter alia, if for such taxable year the average period of cus- tomer use for such property is seven days or less. Sec. 1.469- 1T(e)(3)(i) and (ii)(A), Temporary Income Tax Regs., supra. In the instant case, the parties have stipulated that the average period of customer use of petitioner's condominiums at Crestwood was less than seven days during each of the years at issue. Respondent concedes on brief, and the parties thus agree, that, consequently, petitioner's rental activity at Crestwood during each such year is not a rental activity as defined in section 469(j)(8) and the regulations thereunder and thus is not a passive activity under section 469(c)(2). See sec. 1.469- 1T(e)(3)(i) and (ii)(A), Temporary Income Tax Regs., supra. The parties do not dispute that petitioner's rental activity at Crestwood during each year at issue constitutes an activityPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011