- 20 - 5725-5726 (Feb. 25, 1988).17 Respondent counters that petitioner does not comply with either of those provisions of the temporary regulations and that consequently he is not to be treated as having materially participated in the Chicken Bar business within the meaning of section 469(h)(1). We turn first to section 1.469-5T(a)(1), Temporary Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988), on which petitioner relies. According to petitioner, the 1995 document and his testimony establish that he spent 523 hours on activities relating to the conduct of the Chicken Bar business and that all of those hours must be taken into account in determining whether he satisfies section 1.469-5T(a)(1), Temporary Income Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988). As we indicated above, we shall not rely on that evidence in determining whether petitioner has carried his burden of establishing that he satisfies that temporary regulation.18 On the record before us, we find that 17Petitioner does not rely on sec. 1.469-5T(a)(2), (3), (4), (5), or (6), Temporary Income Tax Regs., 53 Fed. Reg. 5725-5726 (Feb. 25, 1988), in support of his position that he is to be treated as having materially participated within the meaning of sec. 469(h)(1) in the Chicken Bar business. 18Petitioner failed to call Mr. Caplan, the president of Chicken Bar who was involved in its day-to-day operations, as a witness to corroborate petitioner’s position with respect to his claimed role in the Chicken Bar business. We infer from petitioner’s failure to call Mr. Caplan that his testimony would not have been favorable to petitioner’s position on the question of whether petitioner materially participated in the Chicken Bar business within the meaning of sec. 469(h)(1) and the regulations (continued...)Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011