- 22 - latter temporary regulation is invalid. In support of that position, petitioner asserts: The regulation [section 1.469-5T(b)(2)(ii), Temporary Income Tax Regs.,53 Fed. Reg. 5726 (Feb. 25, 1988)] too simplistically uses the word management without any attempt to actually look at the surrounding facts and circumstances. The regulation provides that ONLY one person can materially participate as a manager under the facts and circumstances test. The regulation’s test is two-fold. No person is compensated and no other individual invests more hours in management of the activity. This emasculates the regular, continuous, and substantial requirement. We need not decide whether petitioner is correct in arguing that section 1.469-5T(b)(2)(ii), Temporary Income Tax Regs., 53 Fed. Reg. 5726 (Feb. 25, 1988), is invalid. That is because, on the record before us,21 we find that, without regard to that 20(...continued) under paragraph (a)(7) of this section unless, for such taxable year-- (A) No person (other than such individual) who performs services in connection with the management of the activity receives compensation described in section 911(d)(2)(A) in consideration for such services; and (B) No individual performs services in connection with the management of the activity that exceed (by hours) the amount of such services performed by such individual. Petitioner concedes on brief that if we were to find sec. 1.469-5T(b)(2)(ii), Temporary Income Tax Regs., 53 Fed. Reg. 5726 (Feb. 25, 1988), to be valid, he does not satisfy that temporary regulation. 21As discussed above, we did not find petitioner’s testimony and the 1995 document to be credible, and we shall not rely on that evidence.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