Arnold P. Mordkin and Cindy Mordkin - Page 46

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          135, hours in attending to matters relating to the operations of            
          Crestwood Association and in attending to matters relating ex-              
          clusively to his two Crestwood condominium units.  If during                
          either of the years at issue petitioner were involved in his                
          rental activity at Crestwood for 100 hours or less, pursuant to             
          section 1.469-5T(b)(2)(iii), Temporary Income Tax Regs., supra,             
          petitioner would not be treated under the facts and circumstances           
          test as having materially participated in that activity for                 
          either year.                                                                
               Assuming arguendo that petitioner were involved in his                 
          rental activity at Crestwood for more than 100 hours during each            
          of the years at issue, petitioner nonetheless could not be treat-           
          ed under the facts and circumstances test as having materially              
          participated in that activity for either of those years because             
          of the limitations set forth in section 1.469-5T(b)(2)(ii)(A) and           
          (B), Temporary Income Tax Regs., 53 Fed. Reg. 5726 (Feb. 25,                
          1988).  During 1989 and 1990, petitioner was involved in his                
          rental activity at Crestwood almost exclusively through the                 
          performance of management services in connection with the opera-            
          tions of Crestwood Association.  During each of those years,                
          individuals other than petitioner, including Mr. Dempsey, vice              
          president, chief operating officer, and general manager of Crest-           
          wood Association, and Ms. Gahm, assistant general manager of                
          Crestwood Association, participated in petitioner's rental ac-              
          tivity at Crestwood by performing management services in connec-            




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