Andre and Vena Nelson - Page 7

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          activities if the taxpayer is a qualifying taxpayer under section           
          469(c)(7).  See sec. 1.469-9(e)(1), Income Tax Regs.  Instead,              
          the rental real estate activity of a qualifying taxpayer who                
          materially participates in the activity is not subject to the               
          passive activity rules of section 469.  Sec. 469(c)(7); sec.                
          1.469-9(e)(1), Income Tax Regs.  A qualifying taxpayer must meet            
          the following requirements under section 469(c)(7)(B):                      
               (i) more than one-half of the personal services                        
                    performed in trades or businesses by the taxpayer                 
                    during such taxable year are performed in real                    
                    property trades or businesses in which the                        
                    taxpayer materially participates, and                             
               (ii) such taxpayer performs more than 750 hours of                     
                    services during the taxable year in real property                 
                    trades or businesses in which the taxpayer                        
                    materially participates.                                          
               A taxpayer is considered to materially participate in a                
          trade or business if his activities are regular, continuous, and            
          substantial.  Sec. 469(h)(1).  In establishing whether a                    
          taxpayer's real property activities result in passive activity              
          losses, each interest in rental real estate is treated as a                 
          separate rental real estate activity unless the qualifying                  
          taxpayer makes an election to treat all interests in rental real            
          estate as a single rental real estate activity.  Sec.                       
          469(c)(7)(A); sec. 1.469-9(e)(1), Income Tax Regs.  Petitioners             
          did not make such a timely election, so petitioner's activities             
          must be regular, continuous, and substantial with regard to each            
          individual rental property.                                                 





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