- 18 - (1) In general.--The term "passive activity" means any activity-- (A) which involves the conduct of any trade or business, and (B) in which the taxpayer does not materially participate. The parties do not dispute that CDI during the years at issue was involved in the conduct of a trade or business for purposes of section 469(c). Rather, petitioners maintain that petitioner did not materially participate in the activity of CDI and therefore his share of CDI's income from that activity falls within the definition set forth in section 469(c)(1). Respondent avers that petitioners have not sustained their burden of proof. We agree with respondent. For the reasons which follow, we hold that petitioners have failed to establish that petitioner did not materially participate in the activity of CDI during the years at issue. Section 469(h) provides: (h) Material Participation Defined.--For purposes of this section-- (1) In general.--A taxpayer shall be treated as materially participating in an activity only if the taxpayer is involved in the operations of the activity on a basis which is--Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011