- 18 - excluded from being taken into account for having met the material participation requirement of section 469 in using the facts and circumstances test of (a)(7). Whether a person meets the material participation requirement of section 469 is a factual determination. The Reg. 1.469-5T(f)(2)(ii) defines investors’ activities that are not considered in meeting the hourly requirement. Simply signing a statement or making an election are not a means in meeting the requirement. Although Section 469 may not have existed at the time of your initial investment, it is law that investors have to address in claiming investment losses today. Contrary to Mr. Hoyt’s statement, time spent reading and thinking about this issue should not be considered as material participation hours for 1992. If this letter is somewhat confusing or you are questioning the accuracy of this letter, I recommend you consider having an independent accountant or attorney review this matter with you. Petitioner also received several notices informing him that respondent was beginning an examination of the various partnerships in which petitioner was involved, including DSBS 87- C. Petitioner received such notices dated August 21, 1989, May 21, 1990, August 13, 1990, February 19, 1991 (two notices), February 3, 1992, and February 18, 1992. Finally, respondent had frozen the refunds petitioner claimed on his 1987 and 1988 Federal income tax returns that were derived from the Hoyt partnership losses. In late 1988 and mid-1989, petitioner twice inquired into the status of the 1987 refund; respondent subsequently notified petitioner by letter that his 1984 through 1988 accounts were being audited. When petitioner received any correspondence from respondent, petitioner would send copies to the Hoyt organization; petitioner would take no further action or seek advice concerning thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011