Arnold P. Mordkin and Cindy Mordkin - Page 35

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          regular, continuous, and substantial.  We conclude that the                 
          material participation test imposed by section 469(h)(1) impli-             
          cates the amount and extent of time that a taxpayer spends being            
          involved in the operations of an activity.                                  
               In advancing their argument that section 1.469-5T(a)(1),               
          Temporary Income Tax Regs., supra, is invalid because it is                 
          quantitative, rather than qualitative, in nature, petitioners               
          rely on the following colloquy on the floor of the U.S. Senate              
          between Senator Hatfield and Senator Packwood:                              
               Mr. HATFIELD.  Such a taxpayer's involvement in the                    
               hotel room rental business includes making the follow-                 
               ing management decisions which an owner of such busi-                  
               ness commonly or customarily makes in conducting such                  
               business:  First, the taxpayer actively and regularly                  
               establishes the rental rate of the hotel room; second,                 
               the taxpayer participates in establishing and reviewing                
               hiring and other personnel policies, including review                  
               of management personnel; third, the taxpayer reviews                   
               and approves periodic and annually audited financial                   
               reports; fourth, the taxpayer participates in budgeting                
               operating costs and establishing capital expenditures;                 
               fifth, the taxpayer establishes the need for and level                 
               of financial reserves; sixth, the taxpayer selects the                 
               banking depository for rental proceeds and reserve                     
               funds; seventh, the taxpayer has frequent meetings at                  
               the hotel with his agent and onsite contract management                
               to review operations and the business plan, and to                     
               conduct onsite inspections; eighth, the taxpayer as-                   
               sists in offsite business promotion activities; * * *                  
                        *     *     *     *     *     *     *                         
               Mr. PACKWOOD.  If the taxpayer can demonstrate that he                 
               had performed and is performing all those functions                    
               which you have described which are integral to the                     
               operations of hotel room rental business and is per-                   
               forming them in such a way and to such an extent that                  
               it demonstrates that the taxpayer's involvement in the                 
               operation of the activity is substantial, continuous                   
               and ongoing, you are correct, such activity would be                   




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