Barry H. and Marilyn S. Scheiner - Page 15

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                with onsite management, and otherwise participate in                         
                integral functions of the business.  In addition, the                        
                individual on a regular basis uses his independent                           
                discretion to make business decisions such as the                            
                following:  (1) regularly establishing room rental                           
                rates, (2) establishing and reviewing hiring and other                       
                personnel policies, including review of management                           
                personnel, (3) reviewing and approving periodic and                          
                annually audited financial reports, (4) participating                        
                in budget operating costs and establishing capital                           
                expenditures, (5) establishing the need for and level                        
                of financial reserves, (6) selecting the banking                             
                depository for rental proceeds and reserve funds, (7)                        
                participating in frequent meetings at the hotel to                           
                review operations and the business plan, and (8)                             
                assisting in offsite business promotion activities.                          
                * * *                                                                        
                     Under these circumstances, if the standard                              
                requiring regular, continuous, and substantial                               
                involvement is satisfied, then the taxpayer is treated                       
                as materially participating in the hotel activity.  He                       
                is not so treated, however, in the absence of                                
                sufficient involvement.  No safe harbor should be                            
                inferred from the preceding paragraph. * * * [Emphasis                       
                added.]                                                                      
          The above-quoted language summarizes colloquies between Senators                   
          Packwood and Hatfield on the floor of the U.S. Senate.  See 132                    
          Cong. Rec. 15032, 26685-26686 (1986) (colloquies between Senators                  
          Packwood and Hatfield).  According to petitioner, the passage                      
          indicates Congress' intent to provide owners of condominium hotel                  
          units with the opportunity to hire onsite management without                       
          triggering the application of passive loss restrictions.                           
          Petitioner thus argues that respondent's interpretation of the                     
          management-related limitations of section 1.469-5T(a)(7),                          
          Temporary Income Tax Regs., supra, would preclude the hiring of                    
          any onsite management, thereby ignoring congressional intent.                      
          Petitioner contends that the only "management services" to be                      



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