Kenneth M. and Delores J. Hairston - Page 6




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               Rental activity is defined as any activity where payments                 
          are principally for the use of tangible property.  See sec.                    
          469(j)(8); sec. 1.469-1T(e)(3)(i), Temporary Income Tax Regs., 53              
          Fed. Reg. 5702 (Feb. 25, 1988).                                                
               Petitioners contend that under the applicable temporary                   
          regulations, their equipment rental activity qualifies for two                 
          exceptions from the above definition of rental activity.                       
               First, rental activity will not be treated as such for                    
          purposes of section 469 where the average period of customer use               
          of the property is 30 days or less and where significant personal              
          services are provided by or on behalf of the owner of the                      
          property in connection with making the property available for use              
          by customers.  See sec. 1.469-1T(e)(3)(ii)(B), Temporary Income                
          Tax Regs., 53 Fed. Reg. 5702 (Feb. 25, 1988).2                                 
               Second, otherwise passive rental activity will not be                     
          treated as such for purposes of section 469 where extraordinary                
          personal services are provided by or on behalf of the owner of                 
          the property in connection with renting the property to customers              
          (without regard to the average period of customer use).  See                   
          sec. 1.469-1T(e)(3)(ii)(C), Temporary Income Tax Regs., 53 Fed.                



               2  The temporary regulations provide additional exceptions                
          to the definition of rental activity, but petitioners do not                   
          claim that their equipment rental activity qualifies for any of                
          the additional exceptions.  See sec. 1.469-1T(e)(3)(ii)(D), (E),               
          and (F), Temporary Income Tax Regs., 53 Fed. Reg. 5702 (Feb. 25,               
          1988).                                                                         





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