William C. and Cheryl M. Fowler - Page 13




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          Respondent agrees that petitioner owned more than 5 percent of              
          United Air Temp in 1994 and 1995 and satisfies the requirements             
          of section 469(c)(7)(D)(ii).  Thus, petitioner can include                  
          personal services performed as an employee of United Air Temp               
          provided that such activities are related to real property trades           
          or businesses.  However, respondent argues that petitioner’s                
          activities as an employee of United Air Temp are not all related            
          to real property trades or businesses.                                      
               Real property trades or businesses are defined in section              
          469(c)(7)(C) as “any real property development, redevelopment,              
          construction, reconstruction, acquisition, conversion, rental,              
          operation, management, leasing, or brokerage trade or business.”            
          A trade or business includes being an employee.  Putoma Corp. v.            
          Commissioner, 66 T.C. 652, 673 (1976), affd. 601 F.2d 734 (5th              
          Cir. 1979).                                                                 
               We need not decide whether petitioner’s personal services as           
          an employee of United Air Temp are related to a real property               
          trade or business or whether United Air Temp is a real property             
          trade or business because petitioner has not established by                 
          reasonable means that petitioner spent more than 750 hours in               
          real property trades or businesses.                                         
               “Personal Services” generally means “any work performed by             
          an individual in connection with a trade or business”.                      
          Sec. 1.469-9(b)(4), Income Tax Regs.  Work done by an individual            






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