Robert W. and Lila L. Blewett - Page 8




                                        - 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).                                                  





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