Thomas E. and Susan L. Truskowsky - Page 17

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          pass any of the other six tests.   Sec. 1.469-5T(a)(7), Temporary           
          Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988)(Test 7).                
               The standard for Test 7 is not explained in the temporary              
          regulations; however, the very structure of the regulations                 
          suggests that it will apply only in exceptional circumstances               
          where the more specific and detailed requirements of the other              
          six tests are not met.  It is possible that the other six tests             
          may not be met, yet the taxpayer either works full time in the              
          business, or does all the activities necessary to conduct the               
          business, even though that is a small amount of work compared to            
          other businesses in general.  See H. Conf. Rept. 99-841, 1986-3             
          C.B. (Vol.4) 148.  It is also true that a taxpayer is more likely           
          materially participating in an agricultural activity if he is               
          conducting the activity at or near his primary residence.  See S.           
          Rept. 99-313, 1986-3 C.B. (Vol. 3) 733.                                     
               Petitioners lived almost 100 miles from their Limousin                 
          cattle activity, did not perform all of the activities necessary            
          to the conduct of the activity and did not perform the activity             
          on a full-time basis.  In addition, there was another individual            
          who was involved on a daily basis with the activity.  All of the            
          facts and circumstances of this case do not show, by a                      
          preponderance of the evidence, that despite not meeting the                 
          requirements of the other six tests, petitioners participated in            
          the Limousin cattle activity on a regular, continuous, and                  






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