William N. and Moira M. Carlstedt - Page 18

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                        (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--                                                                  












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