Arnold P. Mordkin and Cindy Mordkin - Page 39

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          portfolio income).  S. Rept. 99-313, supra, 1986-3 C.B. (Vol. 3)            
          at 713.  The passive activity loss rules in section 469 curtail             
          the use of tax shelters by restricting a taxpayer's ability to              
          use the losses sustained in the operation of a trade or business            
          to shelter unrelated income, unless the taxpayer materially                 
          participates in the operation of that trade or business.  Id. at            
          716.                                                                        
               A material participation test that implicates the amount and           
          extent of time a taxpayer spends being involved in the operations           
          of a particular activity helps to achieve the underlying purpose            
          of section 469, since the greater the amount of time devoted by             
          the taxpayer to the activity, the greater the likelihood that the           
          taxpayer invested in the activity based on the nontax economic              
          profit potential of the activity as opposed to the potential for            
          return on the investment in the form of a reduction of taxes on             
          unrelated income.  In addition, it seems to us that a material              
          participation test that considers the amount and extent of time             
          spent by a taxpayer in an activity will have the intended effect            
          of restricting the use of losses from certain types of trade or             
          business activities that Congress decided to treat as passive               
          activities, since few persons who make an investment in a tradi-            
          tional tax shelter devote a substantial amount of time to any               
          such investment.                                                            
               Based on our examination of section 469 and its legislative            
          history, and section 1.469-5T(a)(1), Temporary Income Tax Regs.,            




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