- 20 - An individual may be treated as materially participating in an activity if his or her participation in that activity during the taxable year constitutes substantially all of the participation10 in the activity for that year. Sec. 1.469- 5T(a)(2), Temporary Income Tax Regs., supra. Because petitioner exclusively engaged in and managed the leasing activity, he meets this safe harbor test and thus satisfies the material participation standard. We therefore find that petitioner has satisfied his burden of showing that he materially participated in the activity and was involved in the leasing activity on a regular, continuous, and substantial basis. See sec. 469(c)(1), (h)(1); sec. 1.469-5T(a)(2), (7), Temporary Income Tax Regs., supra. III. Conclusion Because we have found that respondent failed to meet his burden to show petitioner did not engage in the equipment leasing activity for profit, petitioner’s losses are not limited by section 183. We have also found that petitioner’s equipment leasing activity was a nonrental activity in which petitioner materially participated. Petitioner’s losses, therefore, are not limited by the passive activity rules of section 469, and 10“Participation” generally means any work done in an activity by an individual who owns an interest in the activity. Sec. 1.469-5(f)(1), Income Tax Regs.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011