- 30 - Passive Activity Loss Issue The next issue is whether petitioners’ claimed losses for the taxable years 1988 through 1990 from two subchapter S corporations, Gateway and Maximo, constitute passive activity losses as defined in section 469. Pursuant to section 469(a), a passive activity loss of an individual for the taxable year is generally not allowed as a deduction. A passive activity is defined as a trade or business in which the taxpayer does not materially participate. Sec. 469(c)(1). Section 469(h)(1) provides that an individual shall be treated as materially participating in an activity only if he or she is involved in the operations of the activity on a basis that is regular, continuous, and substantial. The regulations contain seven safe harbor provisions under which an individual will be treated as materially participating in an activity. Sec. 1.469-5T(a), Temporary Income Tax Regs., 53 Fed. Reg. 5725-5726 (Feb. 25, 1988). Petitioners rely on section 1.469-5T(a)(4), Temporary Income Tax Regs., 53 Fed. Reg. 5726 (Feb. 25, 1988), which provides: The activity is a significant participation activity * * * for the taxable year, and the individual’s aggregate participation in all significant participation activities during such year exceeds 500 hours; A significant participation activity is defined as a trade orPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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