- 25 - 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; (4) The activity is a significant participation activity (within the meaning of paragraph (c) of this section) for the taxable year, and the individual's aggregate participation in all significant participa- tion activities during such year exceeds 500 hours; (5) The individual materially participated in the activity (determined without regard to this paragraph (a)(5)) for any five taxable years (whether or not consecutive) during the ten taxable years that immedi- ately precede the taxable year; (6) The activity is a personal service activity (within the meaning of paragraph (d) of this section), and the individual materially participated in the activity for any three taxable years (whether or not consecutive) preceding the taxable year; or (7) Based on all of the facts and circumstances (taking into account the rules in paragraph (b) of this section), the individual participates in the activity on a regular, continuous, and substantial basis during such year. [Sec. 1.469-5T(a), Temporary Income Tax Regs., 53 Fed. Reg. 5725-5726 (Feb. 25, 1988).] Petitioners challenge the validity of section 1.469- 5T(a)(1), Temporary Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988), and argue that, in any event, they satisfy that regulation as well as section 1.469-5T(a)(6) and (7), Temporary Income Tax Regs., 53 Fed. Reg. 5726 (Feb. 25, 1988).19 According to peti-- 19 In their trial memorandum, petitioners argued that petitioner materially participated in his rental activity at Crestwood because he satisfies sec. 1.469-5T(a)(5), Temporary Income Tax Regs., 53 Fed. Reg. 5726 (Feb. 25, 1988). Petitioners do not advance that argument on brief. Accordingly, we conclude that petitioners have abandoned it. See Rybak v. Commissioner, 91 T.C. 524, 566 n.19 (1988).Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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