Arnold P. Mordkin and Cindy Mordkin - Page 24

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          to that definition of participation.  As pertinent here, section            
          1.469-5T(f)(2)(ii)(A), Temporary Income Tax Regs., 53 Fed. Reg.             
          5727 (Feb. 25, 1988), provides that work done by an individual in           
          such individual's capacity as an investor in an activity shall              
          not be treated as participation by the individual in the activity           
          unless the individual is involved in the day-to-day management or           
          operations of the activity.  For this purpose, work done by an              
          individual in such individual's capacity as an investor in an               
          activity includes:                                                          
                    (1) Studying and reviewing financial statements or                
               reports on operations of the activity;                                 
                    (2) Preparing or compiling summaries or analyses                  
               of the finances or operations of the activity for the                  
               individual's own use; and                                              
                    (3) Monitoring the finances or operations of the                  
               activity in a non-managerial capacity.  [Sec. 1.469-                   
               5T(f)(2)(ii)(B), Temporary Income Tax Regs., supra.]                   
               Temporary regulations relating to the meaning of the term              
          "material participation" in section 469(h)(1) provide that, in              
          general,                                                                    
               an individual shall be treated, for purposes of section                
               469 and the regulations thereunder, as materially                      
               participating in an activity for the taxable year if                   
               and only if--                                                          
                    (1) The individual participates in the activity                   
               for more than 500 hours during such year;                              
                    (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                   



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