- 7 - Exception for Significant Personal Services The parties agree that petitioners are entitled to claim the disputed $16,703 loss from their condominium units at the Summit as nonpassive on their Federal income tax return for 2000 only if: (1) Petitioners' condominium activity is described in section 1.469-1T(e)(3)(ii), Temporary Income Tax Regs., 53 Fed. Reg. 5702 (Feb. 25, 1988); and (2) petitioners meet one of the material participation tests of section 1.469-5T(a), Temporary Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988). Section 1.469-1T(e)(3)(ii)(B), Temporary Income Tax Regs., supra (B exception) provides that an activity generating payment for the use of tangible personal property is not rental activity (and therefore not per se passive) if the average period of customer use is 30 days or less and "significant personal services" are provided by or on behalf of the owner of the property in connection with making it available for customer use. Petitioners contend that they fall within the B exception. Certain services are "excluded services" and are not considered in determining whether significant personal services are performed. Section 1.469-1T(e)(3)(iv), Temporary Income Tax Regs., supra. Services necessary to permit the lawful use of the property, and certain construction and repair services arePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011