- 16 - considered for the purposes of section 1.469-5T(a)(7) and (b)(2)(ii)(A), Temporary Income Tax Regs., supra, are those within the prerogative of the owners; i.e., board activities. As no members of the Wisp board were compensated, petitioner argues that her activities constitute material participation under section 1.469-5T(a)(7), Temporary Income Tax Regs., supra. We do not agree with petitioner's position. The General Explanation passage cited by petitioner was not meant to be construed as a safe harbor. Rather, the language cited by petitioner indicates that taxpayers may hire onsite management while engaging in activities sufficient to constitute material participation, but only "if the standard requiring regular, continuous, and substantial involvement" is otherwise satisfied.8 8 Similarly, in Mordkin v. Commissioner, T.C. Memo. 1996- 187, the taxpayer cited the colloquy between Senators Packwood and Hatfield in arguing that sec. 1.469-5T(a)(1), Temporary Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988), was invalid because it "required" an individual to participate in an activity for greater than 500 hours before being treated as having materially participated in that activity. Specifically, the taxpayer relied upon the colloquy to argue that the determination of whether an individual materially participates in an activity should be based solely upon the integral nature of the work performed by the taxpayer, and not upon the quantity of work. We rejected the taxpayer's argument, stating: The foregoing colloquy between Senator Hatfield and Senator Packwood makes it clear that services performed by a taxpayer that are deemed integral to the operations of a condominium hotel will constitute material participation by the taxpayer in those operations only if the taxpayer performs those services in such a way and "to such an extent" that it shows that the taxpayer's involvement in those operations is regular, continuous, and substantial. Contrary to [the taxpayer's] contention, that colloquy does not in any (continued...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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