- 11 - compensated for performing management services related to that property. Sec. 1.469-5T(b)(2)(ii)(A), Temporary Income Tax Regs., supra at 5726. The record before us, however, contains reams of evidence showing that the hotels withheld some of the Lapids’ revenues as payment for providing services such as cleaning, check-ins, and the like. So even if Mrs. Lapid did substantially manage the hotel properties, this catchall test provides no benefit to her. For these reasons, we must find that the petitioners did not materially participate in the trade or business of the hotel condos. These activities were passive, and so we reject petitioners’ challenge to the disallowance of their related loss deduction. B. The Nonhotel Properties The nonhotel condo and Nevada house are both rental activities rather than a trade or business, so we must analyze whether they are passive activities under section 469(c)(2). The material participation standard ordinarily does not apply to rental activities. Sec. 469(c)(2). But it does become relevant when petitioners argue that one of them is a “real estate professional.” Petitioners did submit a proposed amended tax return that changed Mrs. Lapid’s occupation from “R.N.” to “Real Estate Manager.” They failed to raise the point in their briefs,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011