William Warren Kelly - Page 4




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                    the activity represents amounts paid for the use of the 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).  Under the                                                                                        
                    literal language of the statute, petitioner is engaged in a                                                                                            
                    rental activity and section 469(a) applies.                                                                                                            
                              The regulations provide several exceptions where activities                                                                                  
                    involving tangible property will not be considered rental                                                                                              
                    activities.  See sec. 1.469-1T(e)(3)(ii), Temporary Income Tax                                                                                         
                    Regs., 53 Fed. Reg. 5702 (Feb. 25, 1988).  Petitioner, however,                                                                                        
                    has not directed us to any specific provision of the regulations.                                                                                      
                    Morever, we have examined these provisions and do not find any                                                                                         
                    relief for petitioner.  For example, section 1.469-                                                                                                    
                    1T(e)(3)(ii)(A) and (B), Temporary Income Tax Regs., 53 Fed. Reg.                                                                                      
                    5702 (Feb. 25, 1988), provides that, if the period of customer                                                                                         
                    use is 7 days or less (or 30 days or less and there are                                                                                                
                    significant personal services provided by the taxpayer), the                                                                                           
                    activity involving the use of tangible personal property is not a                                                                                      
                    rental activity.  But, under the facts here, the lessee is                                                                                             
                    Friendly Air, and the leases were on a yearly basis.  Even if                                                                                          
                    petitioner satisfied the other requirements, the exceptions in                                                                                         
                    the regulations would not apply.                                                                                                                       
                              Petitioner also may contend that the exception contained in                                                                                  
                    section 469(i) is applicable because he “actively participated”                                                                                        
                    in the activity.  Sec. 469(i)(1).  But that section applies only                                                                                       






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