Ned, a college professor, owns a separate business (not real estate) in which he participates in the current year. He has one employee who works part-time in the business.
a. |
If Ned participates for 120 hours and the employee participates for 120 hours during the year, Ned does not qualify as a material participant. |
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b. |
If Ned participates for 95 hours and the employee participates for 5 hours during the year, Ned probably does not qualify as material participant. |
|
c. |
If Ned participates for 500 hours and the employee participates for 520 hours during the year, Ned qualifies as material participant. |
|
d. |
If Ned participates for 600 hours and the employee participates for 2,000 hours during the year, Ned qualifies as a material participant. |
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e. |
None of these applies. |
Answer-The correct option is d.If Ned participates for 600 hours and the employee participates for 2,000 hours during the year, Ned qualifies as a material participant.
Explanation:-
Option a. is incorrect; Ned participates for more than 100 hours
and this is not less
than the participation of any other individual (Test 3). Option b.
is incorrect; Ned's
participation constitutes substantially all of the participation,
even though Ned's
participation is less than 100 hours (Test 2). Option c. is
incorrect; Ned would have
to participate for more than 500 hours for statement c. to be
correct (Test 1). Option
d. is correct; an individual who participates for more than 500
hours is a material
participant regardless of how much others participate (Test 1).
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