Zacarias Lapid and Ma Delaila Lapid - Page 5

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          business activities where the taxpayer does not materially                  
          participate, and (2) rental activities.  Sec. 469(c)(1) and (2).            
          The notice of deficiency that respondent sent the Lapids                    
          disallowed their losses precisely because respondent called all             
          their investments “rental activity,” and so per se passive.                 
               Petitioners argue that none of the Lapids’ investments were            
          rental activities, and that the amount of time that Mrs. Lapid              
          poured into monitoring these investments made her a material                
          participant--transforming what would ordinarily be a passive                
          activity into an active one.  This means, they argue, that the              
          passive activity rules do not apply and the Lapids’ losses should           
          be allowed.                                                                 
               Respondent now agrees that at least the hotel condos were              
          trade or business activities, but he still asserts that most of             
          Mrs. Lapid’s time should not count toward whether she materially            
          participated.  However, the bulk of his argument now is                     
          metronomically (twelve times in the fourteen pages of the reply             
          brief) calling Mrs. Lapid’s testimony “vague, uncorroborated, and           
          self-serving.”                                                              
               The parties point us in the right direction at times but,              
          unlike them, we divide this case in two.  First, we analyze the             
          Lapids’ hotel condos as a trade or business.  We then decide                
          whether what Mrs. Lapid was doing counts as “material                       
          participation.”  Second, we look at the Lapids’ nonhotel condo              






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