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her unit at Wisp. Based on all the circumstances herein, we will
consider petitioner's argument under section 1.469-5T(a)(4),
Temporary Income Tax Regs., supra.
To establish material participation under section 1.469-
5T(a)(4), Temporary Income Tax Regs., supra, petitioner's
condominium rental activity must constitute a "significant
participation" activity under section 1.469-5T(c), Temporary
Income Tax Regs., 53 Fed. Reg. 5726 (Feb. 25, 1988).
Furthermore, petitioner must participate in at least one other
significant participation activity, with the total participation
in all significant participation activities exceeding 500 hours.
A significant participation activity is one in which the taxpayer
participates for more than 100 hours, but which fails to
constitute material participation under one of the other six
tests. Sec. 1.469-5T(c)(1)(ii) and (2), Temporary Income Tax
Regs., supra. Thus, in order for an activity to be considered a
significant participation activity, the taxpayer (1) must have
more than 100 hours of participation; (2) must have less than 500
hours of participation, as participation in excess of 500 hours
would satisfy the test contained at section 1.469-5T(a)(1),
Temporary Income Tax Regs., supra; and (3) must not be the
individual with the most hours of participation in the activity,
as a person with the greatest amount of participation in the
activity, if in excess of 100 hours, satisfies the test at
section 1.469-5T(a)(3), Temporary Income Tax Regs., supra.
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