- 19 - v. Commissioner, T.C. Memo. 1997-331; Speer v. Commissioner, T.C. Memo. 1996-323; Goshorn v. Commissioner, T.C. Memo. 1993-578. Even if such hours were accurate, petitioners would not meet any of the material participation tests. Petitioners have not spent more than 500 hours in the activity. Petitioner’s commission agreement with Mountain Country to manage the rental of the Lake Arrowhead property would preclude petitioners’ activities from being substantially all of the participation in the activity. Petitioners have not presented evidence to establish that the participation by Mountain Country did not exceed petitioners’ participation. Petitioners have not presented evidence of their material participation in the Lake Arrowhead property for 5 of the prior 10 years. Petitioners also fail the facts and circumstances test based on petitioner’s commission agreement with Mountain Country to operate the rental of their Lake Arrowhead property. The realty company found tenants, showed the property, collected rents, and paid for repairs. See Barniskis v. Commissioner, T.C. Memo. 1999-258 (taxpayers did not materially participate where taxpayers utilized a management company to handle the rental of their resort condominium); Chapin v. Commissioner, T.C. Memo. 1996-56 (taxpayers’ participation did not constitute participation on a regular, continuous, and substantial basis where taxpayers used a rental agent to handle all leasingPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011