- 20 - Dairy Queen restaurant were managed by Russell and the day-to-day operations of Western Sizzlin’ SW were managed by Palmer. The activities that will be considered as participation in Shaw Ltd. are petitioner’s involvement in the renovations and initial operations of his restaurants in 1995. Petitioner spent about 7 hours a week during the 14-week construction period on activities related to the Dairy Queen restaurant, or 98 hours, and he spent about 14 hours a week during a 15-week construction period on activities related to the Western Sizzlin’ SW restaurant, or 210 hours. Petitioner’s flight and travel time related to Shaw Ltd. was 110 hours in 1995. Petitioner’s 418 hours of participation in Shaw Ltd. do not meet the material participation test for 1995. Petitioner has conceded that he did not participate in Shaw Ltd. for 500 hours in 1996. Petitioner’s argument that he spent more than 500 hours in significant participation activities in 1996 impermissibly combines his hours of participation in Shaw Ltd. with his hours of participation in his rental activities. Section 1.469- 5T(c)(1)(i), Temporary Income Tax Regs., 53 Fed. Reg. 5726 (Feb. 25, 1988), provides that a significant participation activity must be a trade or business activity, not a rental activity.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011