- 11 - the individual's aggregate participation in all significant participation activities during such year exceeds 500 hours; (5) the individual materially participated in the activity for any 5 taxable years (whether or not consecutive) during the 10 taxable years that immediately precede the taxable year; (6) the activity is a personal service activity, and the individual materially participated in the activity for any 3 taxable years preceding the taxable year; or (7) based on all of the facts and circumstances, the individual participated in the activity on a regular, continuous, and substantial basis during such year. Sec. 1.469-5T(a), Temporary Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988). In determining whether a taxpayer "materially participated" in an activity, the participation of a spouse shall be taken into account. Sec. 469(h)(5). Respondent determined that petitioners did not materially participate in the cattle activity and that petitioners' business losses therefore constitute passive activity losses. Petitioners contend that they participated in the activity for more than 500 hours (Test 1), or for more than 100 hours during the taxable year, and that their participation was not less than the participation in the activity of any other individual (Test 3).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011