Bruce and Judy Bailey - Page 9




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          activities are exempt from being passive activities under section           
          469(c)(2).                                                                  
               Respondent’s position is that petitioners are not entitled             
          to deduct their rental losses in 1997 because their rental                  
          activities are passive activities under section 469(c)(2).                  
          Respondent maintains that petitioners have not presented adequate           
          evidence to support their assertion that petitioner was a real              
          estate professional pursuant to section 469(c)(7) in 1997.                  
               Under section 469(c)(7)(B), a taxpayer qualifies as a real             
          estate professional and a rental real estate activity of the                
          taxpayer is not a passive activity under section 469(c)(2) if:              
               (i) more than one-half of the personal services                        
               performed in trades or businesses by the taxpayer                      
               during such taxable year are performed in real property                
               trades or businesses in which the taxpayer materially                  
               participates, and                                                      
               (ii) such taxpayer performs more than 750 hours of                     
               services during the taxable year in real property                      
               trades or businesses in which the taxpayer materially                  
               participates.                                                          
               In the case of a joint return, the above requirements are              
          satisfied if and only if either spouse separately satisfied these           
          requirements.  Sec. 469(c)(7)(B).  Thus, if either spouse                   
          qualifies as a real estate professional, the rental activities of           
          the real estate professional are exempt from being a passive                
          activity under section 469(c)(2).  Instead, the real estate                 
          professional’s rental activities would be treated as a passive              
          activity under section 469(c)(1) unless the taxpayer materially             





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