Walter A. Barniskis and Mary Sue Barniskis - Page 8




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               In general, section 469(h)(1) provides that 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 regular, continuous, and substantial.  Section 469(l)              
          authorizes the Secretary to prescribe regulations as may be                 
          necessary or appropriate to carry out the provisions of section             
          469, including regulations which specify what constitutes                   
          material participation.  See sec. 469(l)(1).                                
               Section 1.469-5T(a), Temporary Income Tax Regs., 53 Fed.               
          Reg. 5725-5726 (Feb. 25, 1988), provides that an individual will            
          be treated as materially participating in an activity for the               
          taxable year if:                                                            
                    (1)  The individual participates in the activity                  
               for more than 500 hours during such year;                              
                    (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 for the                
               taxable year is not less than the participation in the                 


          2(...continued)                                                             
          participates in the activity.  Sec. 469(c)(2), (4).  A rental               
          activity is any activity where payments are principally for the             
          use of tangible property.  See sec. 469(j)(8).  However,                    
          petitioners' activity does not constitute a rental activity                 
          within the meaning of sec. 469(j)(8) because the average customer           
          stay at their unit was less than 7 days.  See sec. 1.469-                   
          1T(e)(3)(ii)(A), Temporary Income Tax Regs., 53 Fed. Reg. 5702              
          (Feb. 25, 1988).                                                            




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