- 4 - 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; * * * * * * *Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011