Thomas C. Oberle and Margaret Colbert Oberle - Page 4

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          1993 and $35,830 for 1994 relating to their chartering activity.            
          Respondent disallowed the claimed deductions because petitioners            
          were not engaged in the activity for profit and did not                     
          materially participate in the activity.                                     


                                       OPINION                                        
               Even if petitioners carried on their chartering activity for           
          profit, their deductions for this activity shall not be allowed             
          because they did not materially participate in such activity.               
          Section 469 disallows the deduction of net losses from any                  
          activity in which the taxpayer does not materially participate.             
          Sec. 469(c).  An individual materially participates in an                   
          activity when involved in the operations of the activity on a               
          regular, continuous, and substantial basis.  Sec. 469(h)(1).                
          Temporary regulations provide, in relevant part, that an                    
          individual shall be treated as materially participating if the              
          individual meets any of the following tests:                                
                    (2) The individual's participation in the activity                
               for the taxable year constitutes substantially all of                  
               the participation in such activity of all individuals                  
               (including individuals who are not owners of interests                 
               in the activity) for such year;                                        
                    (3) The individual participates in the activity for               
               more than 100 hours during the taxable year, and such                  
               individual's participation in the activity * * * is not less           
               than the participation * * * of any other individual                   
               (including individuals who are not owners of interests in              
               the activity) for such year;                                           
               *        *        *        *        *        *        *                




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