Arnold P. Mordkin and Cindy Mordkin - Page 25

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               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).                                                  


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