William C. and Cheryl M. Fowler - Page 10




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          taxpayer materially participates.  Sec. 469(c)(2), (4).  Under              
          section 469(c)(7)(B), the rental activities of a taxpayer in the            
          real property business (real estate professional) are not per se            
          passive activities under section 469(c)(2) but are treated as a             
          trade or business and subject to the material participation                 
          requirements of section 469(c)(1).  Sec. 1.469-9(e)(1), Income              
          Tax Regs.                                                                   
               Petitioners argue that they are entitled to deduct their               
          losses from their real estate rental properties because                     
          petitioner qualifies as a real estate professional under section            
          469(c)(7) and that the real estate rental activities are a trade            
          or business in which petitioner and Mrs. Fowler materially                  
          participated.                                                               
               Respondent maintains that the real estate rental activities            
          generating a net loss are per se passive activities under section           
          469(c)(2) because petitioner has not presented adequate evidence            
          to support his assertion that he was a real estate professional             
          pursuant to section 469(c)(7) in either 1994 or 1995 or to                  
          support a finding that he and Mrs. Fowler materially participated           
          in each of the real estate activities.                                      
               Under section 469(c)(7)(B), a taxpayer qualifies as a real             
          estate professional and is not engaged in a passive activity                
          under section 469(c)(2) if:                                                 
                    (i) more than one-half of the personal services                   
               performed in trades or businesses by the taxpayer                      





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