- 35 - 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 bePage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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