- 16 - See also Schwalbach v. Commissioner, 111 T.C. 215, 225-226 (1998). 2. Whether Petitioner Meets the Incidental Activity Exception Conditions To qualify for the incidental activity exception by having a rental of property treated as incidental to a trade or business activity, a taxpayer must meet three conditions. See sec. 1.469- 1(T)(e)(3)(vi)(C)(1)-(3), Temporary Income Tax Regs., 53 Fed. Reg. 5703 (Feb. 25, 1988). First, the taxpayer must own an interest in the trade or business. Second, the property at issue must predominantly be used in the trade or business during the taxable year or during at least 2 of the 5 immediately preceding taxable years. Third, the gross rental income from the property for the taxable year must be less than 2 percent of the lesser of (i) the unadjusted basis of the property and (ii) the fair market value of such property. Petitioner meets these requirements. Petitioner owns an interest in the law firm as its exclusive owner. On the basis of the evidence, the equipment leased to the law firm was integral to the operation of the law firm. The equipment was crucial in petitioner presenting his cases, and petitioner’s particular skill with the equipment increased his renown in the class-action field. Finally, the parties do not dispute that petitioner’s gross rental income from the equipment leasing activity met the percentage requirement, because petitioner received no rental income during the years at issue.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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