- 21 - petitioner was not a material participant in BMS. See 1.469- 5T(a), Temporary Income Tax Regs., 53 Fed. Reg. 5725-5726 (Feb. 25, 1988). Regardless of whether petitioner materially participated in BMS, petitioners have not provided any evidence that the 1203 Partnership treated their rentals to the PC and to BMS as separate activities. If the 1203 Partnership grouped its rentals to the PC and to BMS as a single activity, petitioners may not treat the income from the rentals as from two separate activities. See sec. 1.469-4(c)(5), Income Tax Regs. Under the general rules for grouping activities, one or more rental activities may be treated as a single activity if the activities constitute an appropriate economic unit for the measurement of gain or loss for purposes of section 469. See 1.469-4(c)(1), Income Tax Regs. The facts and circumstances used to determine whether activities constitute an appropriate economic unit all point toward the two rentals’ being considered one economic unit. See sec. 1.469-4(c)(2), Income Tax Regs. Accordingly, we uphold respondent’s determination that all of petitioners’ income from the 1203 Partnership is not from a passive activity pursuant to the recharacterization rule of section 1.469-2(f)(6), Income Tax Regs.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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