- 19 - (A) regular, (B) continuous, and (C) substantial. In determining whether a taxpayer materially participated in an activity, the participation of the spouse of a taxpayer in the activity is also taken into account. Sec. 469(h)(5); sec. 1.469- 5T(f)(3), Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988). In implementing section 469, Congress specifically authorized the Secretary to prescribe regulations as to "what constitutes * * * material participation". Sec. 469(l)(1). Pursuant to that authorization, section 1.469-5T(a), Temporary Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988), lists 7 alternative situations where an individual shall be treated, for purposes of section 469, as materially participating in an activity. Here, respondent relies on alternative (1) of that temporary regulation, which provides that a taxpayer will be considered to have materially participated in an activity if "The individual participates in the activity for more than 500 hours during * * * [the] year". Sec. 1.469-5T(a)(1), Temporary Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988). (At trialPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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