Umit Tarakci - Page 12




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          which the taxpayer does not materially participate.  See sec.               
          469(c)(1).   Rental activities are presumptively passive, without           
          regard to whether the taxpayer materially participates in the               
          activity.  See sec. 469(c)(2), (4).  Both parties agree that                
          petitioner’s equipment leasing activity is a rental activity and            
          that the income therefrom is passive in nature, unless petitioner           
          qualifies under one of the six exceptions listed in the                     
          regulations.  See Welch v. Commissioner, T.C. Memo. 1998-310;               
          sec. 1.469-1T(e)(3)(ii)(A) through (F), Temporary Income Tax                
          Regs., 53 Fed. Reg. 5702 (Feb. 25, 1988).                                   
               B.   Incidental Exception                                              
               An activity involving the use of tangible property is not              
          considered a rental activity if “The rental of such property is             
          treated as incidental to a nonrental activity of the taxpayer”              
          for the taxable year.  Sec. 1.469-1T(e)(3)(ii)(D), Temporary                
          Income Tax Regs., supra at 5702.  Section 1.469-1T(e)(3)(vi)(C),            
          Temporary Income Tax Regs., 53 Fed. Reg. 5703 (Feb. 25, 1988),              
          provides, in pertinent part:                                                
                    (C)  Property used in a trade or business.  The                   
               rental of property during a taxable year shall be                      
               treated as incidental to a trade or business activity                  
               (within the meaning of paragraph (e)(2) of this                        
               section) if and only if--                                              
                         (1)  The taxpayer owns an interest in such                   
                    trade or business activity during the taxable                     
                    year;                                                             
                         (2)  The property was predominantly used in                  
                    such trade or business activity during the taxable                





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