- 8 - The temporary regulations provide six exceptions to the definition of rental activity.13 See sec. 1.469-1T(e)(3)(ii)(A) through (F), Temporary Income Tax Regs., 53 Fed. Reg. 5702 (Feb. 25, 1988). Those exceptions are: (1) The average use of the property by customers is 7 days or less; (2) the average period of customer use is 30 days or less, and significant personal services are provided by or on behalf of the owner; (3) extraordinary personal services are provided by the owner in connection with making the property available for use by customers; (4) the rental of the property is incidental to a nonrental activity of the taxpayer; (5) the taxpayer customarily makes the property available during defined business hours for nonexclusive use by various customers; or (6) the property is provided by a partner or S corporation shareholder to his partnership or S corporation. Id. Given the stipulated record, we glean from petitioners’ brief that their argument is trained upon the third and fourth exceptions listed above.14 13The regulations were prescribed by the Commissioner under the broad regulatory authority delegated to him by Congress through sec. 469(l)(1). 14Clearly, since the lease agreement by and between petitioners and Pauline’s Concrete is exclusive, for a term of 10 years, and Pauline’s Concrete was a C corporation, the other enunciated exceptions cannot apply.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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