Ronald F. and Cynthia G. Van Scoten - Page 17

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                    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.                                                  
          In addition to the above correspondence, petitioners received a             
          letter dated February 3, 1992 that informed them that respondent            
          was beginning an examination of DSBS 87-C with respect to its               
          taxable year ending in 1990.  When petitioners received any                 
          correspondence from respondent, petitioners would mail or fax               
          copies to the Hoyt organization, but they would take no further             
          action, and they sought no advice concerning the information that           
          they were receiving from respondent.                                        
               Petitioners filed a joint Federal income tax return for                
          taxable year 1991, the year in issue, reporting the following:              
               Wage income                     $51,362                                
               Interest income                      71                                
               State tax refunds                 1,433                                
               Loss from DSBS 87-C             (45,510)                               
               Farm income                      22,199                                
               IRA contribution                 (2,000)                               
               Self-employment tax deduction      (240)                               
               Adjusted gross income            27,315                                
               Tax liability                     1,798                                
               Overpayment                       2,471                                







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