- 7 - an activity involving the use of tangible property is not a rental activity if the rental of such property is treated as incidental to a nonrental activity of the taxpayer. Section 1.469-1T(e)(3)(vi)(C), Temporary Income Tax Regs., 53 Fed. Reg. 5703 (Feb. 25, 1988), provides: (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 year or during at least two of the five taxable years that immediately precede the taxable year; and (3) The gross rental income from such property for the taxable year is less than two percent of the lesser of-– (i) The unadjusted basis of such property; and (ii) The fair market value of such property. With respect to the application of the three tests of subdivision (C), we consider it significant that the parties have stipulated that during 1996: (1) Petitioner owned 50 percent of 5(...continued) (Feb. 25, 1988), is effective for taxable years beginning after Dec. 31, 1986. Sec. 1.469-11(a)(2), Income Tax Regs., 53 Fed. Reg. 5686 (Feb. 25, 1988).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011