Assaf F. Al Assaf and Rehab Assaf - Page 15

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          petitioner wife materially participated in the nonrental                    
          activity.  See sec. 469(c)(1), (h)(1).                                      
               In conclusion, we find that the payments the attorney-                 
          tenants paid to AGI were principally for the use of the                     
          extraordinary personal services, and that the property leasing              
          was incidental to the services AGI offered.  Having also                    
          determined that petitioners materially participated in the                  
          leasing activity, we find that AGI’s activities are not passive             
          activities.  AGI’s losses therefore are nonpassive and may be               
          netted with AGI’s other income.                                             
               In reaching our holding, we have considered all arguments              
          made, and, to the extent not mentioned, we conclude that they are           
          moot, irrelevant, or without merit.                                         
               To reflect the foregoing,                                              

                                                  Decision will be entered            

                                             for petitioners.                         




















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