Gary W. and Darlene E. White - Page 11

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          participates in the activity.  Sec. 469(c)(2), (4).  A rental               
          activity is “any activity where payments are principally for the            
          use of tangible property.”  Sec. 469(j)(8).                                 
               As relevant herein, exceptions to the general rule that an             
          activity involving the use of tangible property is a rental                 
          activity are:                                                               
                         (A) The average period of customer use                       
                    for such property is seven days or less;                          
                         (B) The average period of customer use                       
                    for such property is 30 days or less, and                         
                    significant personal services (within the                         
                    meaning of paragraph (e)(3)(iv) of this                           
                    section) are provided by or on behalf of the                      
                    owner of the property in connection with                          
                    making the property available for use by                          
                    customers;                                                        
                         (C) Extraordinary personal services                          
                    (within the meaning of paragraph (e)(3)(v) of                     
                    this section) are provided by or on behalf of                     
                    the owner of the property in connection with                      
                    making such property available for use by                         
                    customers (without regard to the average                          
                    period of customer use).                                          
          Sec. 1.469-1T(e)(3)(ii)(A) through (C), Temporary Income Tax                
          Regs., 53 Fed. Reg. 5702 (Feb. 25, 1988).                                   
               The period of customer use is the period during which a                
          customer has a continuous or recurring right to use an item of              
          property held in connection with the activity (without regard to            
          whether the customer uses the property for the entire period).              
          Sec. 1.469-1(e)(3)(iii)(D), Income Tax Regs.  The average period            
          of customer use is calculated by dividing the aggregate number of           






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