Lynnda Speer, Donor, et al. - Page 30

                                       - 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 or               





Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011