- 13 - to place enough emphasis on the "making the property available for use by customers" language qualifying "in connection with." Legislative history of section 469 suggests that "section 1372(e)(5) (as in effect prior to the Subchapter S Revision Act of 1982) is relevant" in determining whether significant services are performed in connection with furnishing property. S. Rept. 99-313 at 741 n.32 (1986). The regulations provided that, generally, only services provided to the occupant "primarily for his convenience" are to be considered significant services. Stover v. Commissioner, 781 F.2d 137, 139 (8th Cir. 1986), affg. T.C. Memo. 1984-551; Bramlette Bldg. Corp. v. Commissioner, 52 T.C. 200, 203-204 (1969), affd. 424 F.2d 751 (5th Cir. 1970). Petitioners' attendance at owners association meetings and their banking activities have more to do with the ownership of property than with making the properties available to customers. The activities are not significant personal services. Petitioners have also alleged that they incurred higher than normal owners association charges, dues, and assessments for additional amenities such as beach chair rentals, bars, a game room and a parking lot. Nearly all the services listed are of a type commonly rendered by luxury apartment complexes, especially on the Florida Coast. See Crouch v. United States, 692 F.2d 97, 101 (10th Cir. 1982).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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