- 16 - 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, andPage: 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