Section 469’s Activity and Participation Conclusive Presumptions
Live Webcast Replay

Section 469’s Activity and Participation Conclusive Presumptions


Total Credits: 3 including 3 Taxes

Average Rating:
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Categories:
ACPEN Industry Institute |  ACPEN Tax Institute |  IRS Approved |  Tax
Faculty :
David Randall Jenkins, Ph.D.
Course Level:
Intermediate
Duration:
3 Hours
License:
Access for 30 day(s) after program date.

Please Note: Programs with a   insignia begin after 5pm or air on the weekend.

Description

 

When Congress enacted the Omnibus Budget Reconciliation Act of 1993 it imposed incremental intra-period predicate factual requirements on the inter-period rental real property trade or business activity conclusive presumption. In that legislation, however, Congress did not impose incremental predicate factual requirements on the strictly intra-period Section 469(h)(1) participation conclusive presumption. Since the 1993 legislation, it appears the IRS, the Secretary of the Treasury, taxpayers, and professionals alike continue to confuse whether Congress’s 1993 action imposing the incremental Section 469(c)(7)(B)(i) and (ii) intra-period predicate factual requirements qualified the activity or participation conclusive presumption, or both. This webcast resolves that confusion.

 

Syllabus

Lesson 1.

Introduction

Lesson 2.

Conclusive Presumptions

Lesson 3.

The Activity Conclusive Presumption

Lesson 4

The Participation Conclusive Presumption

Lesson 5.

Noncorporate Lessor Activity Conclusive Presumptions       

Lesson 6

Section 469(c)(7)(B)’s Rental Real Property Trade or Business Activity Qualifying Predicate Factual Requirements

Lesson 7

Conclusion

 

**Please Note:  If you need credit reported to the IRS for this IRS approved program, please download the IRS CE request form on the Course Materials Tab and submit to leighanne.conroy@acpen.com.

Basic Course Information

Learning Objectives

*Recognize how to correctly distinguish conclusive presumption ultimate facts from conclusive presumption predicate facts

*Recognize that trade or business activity conclusive presumptions are correctly considered inter-period because both historic and prospective facts and factors are taken into account in making such activity determinations in each and every taxable period

*Recognize material participation conclusive presumptions are correctly considered intra-period because each taxable period’s fulfillment of participation predicate factual requirements are mutually exclusive of any other period’s fulfillment of participation predicate factual requirements  

*Recognize the Section 179(d)(5)(B) noncorporate lessor trade or business activity predicate factual requirements correctly qualify the Section 469(c)(1)(A) trade or business activity conclusive presumption and do not qualify the Section 469(c)(1)(B) material participation conclusive presumption  

*Recognize the Section 469(c)(7)(B) rental real property trade or business activity predicate factual requirements correctly qualify the Section 469(c)(1)(A) trade or business activity conclusive presumption and do not qualify the Section 469(c)(1)(B) material participation conclusive presumption  

*Recognize Section 469 references to activity conclusive presumption taxpayers correctly refers to Section 7701(14) taxpayers (taxpayers subject to either subtitle A or C internal revenue taxes) and not Section 469(a)(2) taxpayers (taxpayers subject to subtitle A internal revenue taxes)

*Recognize Section 469(c)(7)(B)’s activity conclusive presumption predicate factual requirements correctly demarcates Congress’s bright line distinction between trade or business activity labor and capital factors of production and investment activity capital factors of production


Major Subjects

*The definition of a conclusive presumption and its significance in tax law  

*The Section 469(c)(1)(A) trade or business activity conclusive presumption  

*Common law trade or business activity conclusive presumption predicate factual requirements

*The Section 469(c)(1)(B) material participation conclusive presumption  

*The Section 469(h)(1) participation conclusive presumption predicate factual requirements

*Congress’s periodic qualification of trade or business activity conclusive presumptions

*The Section 469(c)(7) rental real estate trade or business activity conclusive presumption and related predicate factual requirements


Course Materials

Faculty

David Randall Jenkins, Ph.D. Related seminars and products: 21


David Randall Jenkins, Ph.D., received his doctorate in accounting and a master’s in accounting with an emphasis in tax from the University of Arizona. He has taught financial, managerial, and tax accounting courses at both the graduate and undergraduate levels. Dr. Jenkins is an AACSB academically qualified business school and tax professor owing to his peer reviewed journal article publications. His company, Algorithm LLC (algorithm-llc.com), is an IRS Approved Continuing Education Provider.  Dr. Jenkins may be contacted at tucjenkins@aol.com.


Dates

Mon, Mar 06, 2017 - 10:00a to 01:00p EST
Thu, Mar 30, 2017 - 02:00p to 05:00p EDT
Tue, Apr 18, 2017 - 04:00p to 07:00p EDT
Fri, Apr 21, 2017 - 01:00p to 04:00p EDT
Tue, May 02, 2017 - 08:00a to 11:00a EDT
Sat, May 27, 2017 - 09:00a to 12:00p EDT
Wed, Jun 07, 2017 - 11:00a to 02:00p EDT
Tue, Jun 27, 2017 - 07:00p to 10:00p EDT
Wed, Jul 12, 2017 - 02:00p to 05:00p EDT
Thu, Jul 27, 2017 - 04:00p to 07:00p EDT
Mon, Aug 07, 2017 - 09:00a to 12:00p EDT
Thu, Aug 24, 2017 - 08:00p to 11:00p EDT
Sat, Sep 02, 2017 - 02:00p to 05:00p EDT
Mon, Sep 11, 2017 - 12:00p to 03:00p EDT
Mon, Oct 09, 2017 - 10:00a to 01:00p EDT
Thu, Oct 19, 2017 - 04:00p to 07:00p EDT
Fri, Nov 10, 2017 - 03:00p to 06:00p EST
Sat, Nov 18, 2017 - 01:00p to 04:00p EST
Wed, Dec 13, 2017 - 09:00a to 12:00p EST
Tue, Dec 26, 2017 - 08:00p to 11:00p EST

Additional Info

Basic Course Information

Prerequisites

This webcast is an intermediate continuing education webcast.  

It is assumed the webcast participant has fundamental knowledge of tax issues, material participation definitions, passive activity losses, section 469(c)(7) rental real estate trade of business activity issues, noncorportate lessor secton 179 100% depreciation expense issues.


Advanced Preparation

None


Original Recording Date

10/24/2016


Yellow Book

No


Course Developer

David Randall Jenkins


Date Added to Catalog

10/05/2016


Additional Information

Complaint Resolution Policy

Please contact Anne Taylor for any complaints.  anne.taylor@acpen.com(972-377-8199).


Official Registry Statement

Business Professionals' Network, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Web site: www.nasba.org


Instructional Delivery Method

Group Internet Based


Course Registration Requirements

Online Registration


Refund/Cancellation Policy

Please contact the ACPEN help desk 1-877-602-9877 or help@acpen.com if you wish to cancel your attendance for a previously purchased webcast and are requesting a refund or transfer. 


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