- 17 - 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 2,471Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011