Michael D. and Joan Welch - Page 5

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          Discussion                                                                  
               Section 469 generally disallows for the taxable year any               
          passive activity loss that exceeds passive activity income.                 
          Sec. 469(a)(1), (d)(1).  Passive activity is any activity which             
          involves the conduct of any trade or business in which the                  
          taxpayer does not materially participate.  Sec. 469(c)(1).                  
          Without regard to whether a taxpayer materially participates in             
          an activity, the term “passive activity” includes any rental                
          activity.  Sec. 469(c)(2), (4).                                             
               A rental activity is any activity where payments are                   
          principally for the use of tangible property.  Sec. 469(j)(8).              
          There are exceptions to the definition of “rental activity”.                
          Section 1.469-1T(e)(3)(ii).  Temporary Income Tax Regs., 53 Fed.            
          Reg. 5702 (Feb. 25, 1998), provides:                                        
                    an activity involving the use of tangible                         
               property is not a rental activity for a taxable year if                
                    for such taxable year --                                          
                   (A) The average period of customer use for such                   
                    property is seven days or less;                                   
                    (B) The average period of customer use for such                   
                    property is 30 days or less, and significant personal             
                    services (within the meaning of paragraph (e)(3)(iv) of           
                    this section) are provided by or on behalf of the owner           
                    of the property in connection with making the property            
                    available for use by customers;                                   



          4(...continued)                                                             
          $200 of the $1,900 claimed as legal expenses.  At trial,                    
          respondent conceded the latter adjustment.                                  




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