- 12 - 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 taxablePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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