- 39 - 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.,Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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