- 9 - In any event, no credible evidence supports petitioners’ contention that significant or extraordinary services were performed either by them or on their behalf as owners of the equipment. Personal services were not a dominant or significant aspect of either the equipment rental relationship between petitioners and Hairston or of the relationship between Hairston and end users. See Frank v. Commissioner, T.C. Memo. 1996-177. The evidence does not establish that the type, frequency, and value of the services that were provided to end users by petitioners, as owners of the equipment or as officers and employees of Hairston, were significant in comparison to the value of the use of the equipment by end users. See sec. 1.469- 1T(e)(3)(iv) and (v), Temporary Income Tax Regs., 53 Fed. Reg. 5702 (Feb. 25, 1988). Petitioners cite a portion of the legislative history of section 469 which describes a short-term rental of automobiles as not constituting a rental activity under section 469 where the lessor furnishes significant services. See S. Rept. 99-313, atPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011