Sidney C. Shaw - Page 20




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          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.                                                                   










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