- 13 - 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 individualPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011