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"excluded services". Section 1.469-1T(e)(3)(iv)(B), Temporary
Income Tax Regs., supra. Also described as excluded services
are:
Services * * * similar to those commonly provided in
connection with long-term rentals of high-grade
commercial or residential real property (e.g., cleaning
and maintenance of common areas, routine repairs, trash
collection, elevator service, and security at entrances
or perimeters).
For purposes of the B exception, "personal services" means
only services performed by individuals. Section 1.469-
1T(e)(3)(iv), Temporary Income Tax Regs., 53 Fed. Reg. 5702 (Feb.
25, 1988). In determining whether personal services are
"significant", all relevant facts and circumstances, for example
the frequency, type, and value of the services, are taken into
account. Id.
At trial, petitioner adduced both oral and documentary
evidence of what he considers to have been the significant
personal services provided by or on behalf of petitioners in
making the property available for customer use. During the
examination of petitioners' joint return, petitioner provided a
"Summary Tax Year 2000 Fact & Circumstances Condo #518 & #519"
document purporting to show "personal services" requiring 1,016
hours to perform. Petitioner, however, prepared for and
presented at trial a second document showing the performance of
686 hours of personal services (summary for trial).
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