Steven D. Rapp and Judith A. Rapp - Page 8




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          be treated as materially participating in an activity for the               
          taxable year if and only 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                 
               activity of any other individual (including individuals                
               who are not owners of interests in the activity) for                   
               such year;                                                             
                    (4)  The activity is a significant participation                  
               activity * * * for the taxable year, and the                           
               individual's aggregate participation in all significant                
               participation activities during such year exceeds 500                  
               hours;                                                                 
                    (5)  The individual materially participated in the                
               activity * * * for any five taxable years (whether or                  
               not consecutive) during the ten taxable years that                     
               immediately precede the taxable year;                                  
                    (6)  The activity is a personal service activity                  
               * * * and the individual materially participated in the                
               activity for any three taxable years (whether or not                   
               consecutive) preceding the taxable year; or                            
                    (7)  Based on all of the facts and circumstances                  
               * * * the individual participates in the activity on a                 
               regular, continuous, and substantial basis during such year.           
               These regulations provide for taxpayers to be treated as               
          materially participating in an activity if they satisfy one of              
          the seven enumerated tests.  Petitioners argue that they satisfy            
          the requirements of section 1.469-5T(a)(3), Temporary Income Tax            





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