Zacarias Lapid and Ma Delaila Lapid - Page 11

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          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,                  






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