Robert P. Sweet and Dawnielle K. Lawson - Page 8

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               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 are                  









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