Arnold P. Mordkin and Cindy Mordkin - Page 23

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          that is treated as a trade or business under section 469(c)(6).             
          Consequently, petitioner's rental activity at Crestwood will                
          constitute a passive activity under section 469(c)(1) for each of           
          those years if he did not materially participate in that activity           
          during each such year.  See sec. 469(c)(1).                                 
               Section 469(h)(1) provides that generally an individual                
          shall be treated as materially participating in an activity only            
          if he or she is involved in the operations of the activity on a             
          basis that is regular, continuous, and substantial.  Congress               
          expressly authorized the Secretary of the Treasury (Secretary) to           
          prescribe such regulations as may be necessary or appropriate to            
          carry out the provisions of section 469, including regulations              
          that specify what constitutes material participation.  Sec.                 
          469(l)(1).                                                                  
               Both temporary and final regulations relating to the meaning           
          of the terms "participation" and "material participation" have              
          been promulgated under section 469.  With respect to the term               
          "participation", final regulations issued under section 469                 
          provide that generally "any work done by an individual (without             
          regard to the capacity in which the individual does the work) in            
          connection with an activity in which the individual owns an                 
          interest at the time the work is done shall be treated for pur-             
          poses of this section as participation of the individual in the             
          activity."  Sec. 1.469-5(f)(1), Income Tax Regs.  Temporary                 
          regulations issued under section 469 provide certain exceptions             




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