- 31 - rule, like the current rule, applied where property was rented to an “activity” in which the taxpayer materially “participates”. The 1988 temporary regulations didn’t define “activity”. See sec. 1.469-4T, Temporary Income Tax Regs., 53 Fed. Reg. 5686, 5725 (Feb. 25, 1988), which stated in full: “Definition of activity (temporary). [Reserved]”. They did, however, contain a regulation entitled “Material participation”, which defined both “participation” and the kind of participation deemed to be material. Sec. 1.469-5T, Temporary Income Tax Regs., 53 Fed. Reg. 5686, 5725-5728 (Feb. 25, 1988). The participation definition in section 1.469-5T of the 1988 temporary regulations provided: (f) Participation–-(1) In general. Except as otherwise provided in this paragraph (f), any work done by an individual (without regard to the capacity in which the individual does such work) in connection with an activity in which the individual owns (directly or indirectly, other than through a C corporation) an interest at the time the work is done shall be treated for purposes of this section as participation of such individual in the activity. [Sec. 1.469-5T(f)(1), Temporary Income Tax Regs., 53 Fed. Reg. 5686, 5726 (Feb. 25, 1988); emphasis added.] The second parenthetical of this 1988 definition clearly provided that an individual shareholder did not participate (and thus could not materially participate) in the activities of his C corporations.11 As a result, under the 1988 temporary 11 Unless the shareholder also owned a passthrough interest in the C corporation’s activity, through which he could be considered to participate. See sec. 1.469-5T(k), Examples (1) (continued...)Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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