- 12 - all constitute investor activities.3 Petitioners have failed to establish that they materially participated in the rental activity. Even if we were to assume that petitioners expended 100 hours in their rental activity during the years in issue, they have not proved that their participation was greater than the management company's participation. Other Individuals' Participation The second requirement of the section 1.469-5T(a)(3), Temporary Income Tax Regs., supra, material participation test is that petitioners' participation in the activity of renting their unit must not have been less than the participation in such activity of any other individuals. Petitioners must establish that no other individuals participated in the activity of renting their unit for more time than they did during the years in issue. Dennis Rysdahl, the founder, president, secretary, and general manager of TMC, was involved in the construction of Bluefin Bay in 1984 and, more recently, an adjacent development called Tofte Cove. Mr. Rysdahl currently oversees the management and operation of Bluefin Bay and did so during the taxable years in issue. In a letter dated June 30, 1997, to the Bluefin Bay and Tofte Cove owners, Mr. Rysdahl solicited contributions to a fund 3 We find that the listed hours of participation include 38.5 hours, 25.25 hours, and 27.25 hours of investor activities for 1991, 1992, and 1993, respectively.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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