- 12 - their wholly owned subchapter C corporation. The corporation was in the business of leasing heavy construction equipment to third parties. According to the lease agreement between the taxpayers and their corporation, the corporation assumed all the responsibility and costs for the equipment. Similar to this case, the taxpayers claimed ordinary net losses. The Commissioner determined that the taxpayers’ leasing activity was a passive rental activity and denied the claimed deductions. This Court analyzed the facts in light of the extraordinary personal services exception and held that the evidence did not establish that the taxpayers in their individual capacities provided either significant or extraordinary personal services in connection with making their equipment available for use either by * * * [taxpayers’] customer * * * [their corporation] or for use by * * * [the corporation’s] customers. * * * [Hairston v. Commissioner, supra.] The Court explained that under the lease agreement, the taxpayers were not obligated as owners of the equipment to provide any services to their corporation or the end users. “Any services that * * * [the taxpayers] might have performed as * * * [corporate] officers or employees were unrelated to * * * [the taxpayers’] obligations as owners of the equipment.” Id. Thus, the Court concluded that the taxpayers did not qualify for the extraordinary personal services exception. A similar result is required here.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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