- 6 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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