Barry H. and Marilyn S. Scheiner - Page 13

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          Cf. Mordkin v. Commissioner, supra.  Consequently, we assume that                  
          all work done by full-time staff constitutes "participation" in                    
          connection with the rental of petitioner's unit.  Id.  Because                     
          the participation of full-time staff exceeded petitioner's                         
          participation during the years in issue, petitioner's activities                   
          do not constitute material participation under section 1.469-                      
          5T(a)(3), Temporary Income Tax Regs., supra.7                                      
          Section 1.469-5T(a)(7), Temporary Income Tax Regs.                                 
                Petitioner argues that based on all the facts and                            
          circumstances, she should be deemed to have materially                             
          participated in the condominium hotel activity.  Sec. 1.469-                       
          5T(a)(7), Temporary Income Tax Regs., supra.  The facts and                        
          circumstances test provided in section 1.469-5T(a)(7), Temporary                   
          Income Tax Regs., supra, is subject to certain limitations.  A                     
          taxpayer must participate in the activity for more than 100                        
          hours.  Sec. 1.469-5T(b)(2)(iii), Temporary Income Tax Regs., 53                   
          Fed. Reg. 5726  (Feb. 25, 1988).  Additionally, a taxpayer's                       
          services performed in the management of an activity cannot be                      
          considered for the purposes of establishing material                               
          participation under section 1.469-5T(a)(7), Temporary Income Tax                   
          Regs., supra, if other individuals performing management services                  
          in connection with the activity were compensated for such                          
          services.  Sec. 1.469-5T(b)(2)(ii)(A), Temporary Income Tax                        
          Regs., 53 Fed. Reg. 5726 (Feb. 25, 1988).  Therefore,                              


          7  See also Serenbetz v. Commissioner, T.C. Memo. 1996-510.                        


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