Steven D. and Teresa M. Kucera - Page 22




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          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.                                     











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