- 16 - Because petitioner does not qualify as a real estate professional under section 469(c)(7), petitioners’ real estate rental activities are treated as per se passive activities under section 469(c)(2) regardless of material participation by petitioners. See sec. 469(c)(4). Thus, we need not decide whether petitioners materially participated in each real estate rental activity. Even if petitioner were a real estate professional under section 469(c)(7), petitioners would not meet the material participation requirements of section 1.469-5T(a), Temporary Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988), based on the following considerations. Petitioners did not elect to aggregate their real property rental activities and must show that they meet the material participation requirements with respect to each real estate rental property. Petitioners rely on the same calendars, estimates of their travel time, and their personal testimony to prove the hours that they worked on each of their real estate rental properties. Petitioners retained a manager for their apartment building and utilized the services of independent contractors to maintain their rental properties. Petitioners’ travel to their Florida property of 168 hours and 84 hours in 1994 and 1995, respectively, appears also to be personal trips to stay at another Florida property owned by petitioners. Petitioners did not spend more than 100 hours onPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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