Glenn A. Mortensen - Page 18

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               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 the                  





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